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FOSTER v. DAY & ZIMMERMANN, INC.

Nos. 74-1085, 74-1124.

502 F.2d 867 (1974)

Michael T. FOSTER, Appellee, v. DAY & ZIMMERMANN, INC., Appellant, and Mason & Hanger-Silas Mason Co., Inc., Appellant. Michael T. FOSTER, Appellee, v. DAY & ZIMMERMANN, INC., Appellant, and Mason & Hanger-Silas Mason Co., Inc., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 13, 1974.

Attorney(s) appearing for the Case

Thomas K. Berg, Minneapolis, Minn., for appellant.

Thomas F. Daley, Jr., Davenport, Iowa, for appellee.

Before LAY, HEANEY and ROSS, Circuit Judges.

LAY, Circuit Judge.

On July 25, 1969, the plaintiff, Michael T. Foster, received serious injuries while enrolled in the Army Reserve Officers Training Program at Ft. Benning, Georgia, when a hand grenade exploded in his hand during a training exercise. The grenade had been assembled in Texas by the defendant Day & Zimmermann, Inc. It contained a fuse manufactured by the defendant Mason & Hanger-Silas Mason Co., Inc., at their plant in Burlington, Iowa. The...

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