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GATES v. FORD MOTOR COMPANY

No. 73-1610.

494 F.2d 458 (1974)

Patricia GATES, on behalf of herself, et al., Plaintiffs-Appellants, v. FORD MOTOR COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 8, 1974.

Attorney(s) appearing for the Case

Larry A. Tawwater and John W. Norman, Oklahoma City, Okl., for plaintiffs-appellants.

Wm. G. Smith, Oklahoma City, Okl., for defendant-appellee.

Before CLARK, Justice, and HILL and McWILLIAMS, Circuit Judges.

HILL, Circuit Judge.

In this diversity action appellant Patricia Gates brought suit against appellee Ford Motor Company for personal injury and wrongful death of her husband. The complaint alleges the deceased was operating a tractor, manufactured by appellee, when it overturned on top of him, resulting in his death. It was claimed that the tractor was defectively designed, constituting negligence, strict liability and a breach of implied warranty of fitness.

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