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WEST v. CATERPILLAR TRACTOR COMPANY, INC.

No. 73-3217.

504 F.2d 967 (1974)

Leon WEST, Individually and as personal representative of the Estate of Gwendolyn West, Deceased, Plaintiff-Appellee, v. CATERPILLAR TRACTOR COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 27, 1974.

Attorney(s) appearing for the Case

James S. Usich, Charles C. Papy, Jr., John Carruthers, II, Coral Gables, Fla., for defendant-appellant.

Philip Freidin, Robert Orseck, Miami, Fla., for plaintiff-appellee.

Before TUTTLE, WISDOM and GEE, Circuit Judges.

GEE, Circuit Judge:

This appeal presents important issues of modern tort principles which are particularly appropriate for resolution by the Florida Supreme Court. Broadly the questions include (1) whether Florida has adopted strict liability as defined by the Restatement of Torts, § 402A and/or as defined by the district court in its instructions to the jury, compare McLeod v. W. S. Merrell Co., 174 So.2d 736 (Fla.1965) with...

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