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DAWN v. ESSEX CONVEYORS, INC.

Nos. 73-2174 through 73-2179.

498 F.2d 921 (1974)

Jerry DAWN et ux., Plaintiffs, United States Fidelity and Guaranty Company and Eastman Kodak Company, Intervening Plaintiffs, v. ESSEX CONVEYORS, INC., Appellant. PROCESS EQUIPMENT ENGINEERING COMPANY, INC., Appellant, v. TENNESSEE EASTMAN COMPANY, a Division of Eastman Kodak Company, Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 20, 1974.

Attorney(s) appearing for the Case

Ernest F. Smith, Kingsport, Tenn., for appellants.

M. Lacy West, Charlton R. DeVault, Jr., Kingsport, Tenn., on brief, for Essex Conveyors, Inc.

Edwin L. Treadway, F. Allan Kelly, John P. Chiles, Kingsport, Tenn., on brief, for Process Equipment Engineering Co., Inc.

H. E. Wilson, Kingsport, Tenn., on brief, for appellee.

Before PECK and McCREE, Circuit Judges, and CECIL, Senior Circuit Judge.

JOHN W. PECK, Circuit Judge.

The appeals in this diversity case arose out of a products liability action to recover damages for personal injuries sustained by an employee in a Tennessee industrial accident that occurred in 1970. The plaintiffs, Jerry Dawn, and his wife, Wanda Dawn, filed a complaint against Essex Conveyor, Inc. (hereinafter "Essex") and Process Equipment Engineering Company, Inc. (hereinafter "Process"), appellants herein, alleging that they negligently...

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