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McGRATH v. WALLACE MURRAY CORPORATION

No. 72-1823.

496 F.2d 299 (1974)

Edward S. McGRATH, Plaintiff-Appellee, v. WALLACE MURRAY CORPORATION, a Delaware Corporation with its principal place of business in Pennsylvania, dba Simonds Abrasive Company, and Simonds Abrasive Company, a foreign corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided April 22, 1974.

Rehearing Denied June 24, 1974.

Attorney(s) appearing for the Case

Harold G. Christensen, Salt Lake City, Utah (Worsley, Snow & Christensen, and Craig S. Cook, Salt Lake City, Utah, on the brief), for defendant-appellant.

Glen M. Richman, Salt Lake City, Utah (Sandack, Richman & Sessions, Salt Lake City, Utah, on the brief), for plaintiff-appellee.

Before LEWIS, Chief Judge, LARAMORE, Senior Judge, and HOLLOWWAY, Circuit Judge.

HOLLOWAY, Circuit Judge.

Defendant Wallace Murray Corporation (Murray) appeals from a judgment awarding damages against the company in a diversity personal injury suit. The judgment was entered on a jury verdict in favor of plaintiff Edward McGrath for $35,000 for injuries suffered in an accident involving an abrasive disc manufactured by Simonds Abrasive Company (Simonds) whose liabilities were assumed by Murray.1 As grounds for reversal...

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