CHALLONER v. DAY AND ZIMMERMANN, INC.

No. 74-1555.

512 F.2d 77 (1975)

Hawley K. CHALLONER et al., etc., Plaintiffs-Appellees, v. DAY AND ZIMMERMANN, INC., et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 2, 1975.


Attorney(s) appearing for the Case

Norman C. Russell, Texarkana, Tex., for defendants-appellants.

Cahill Hitt, Texarkana, Tex., for plaintiffs-appellees.

Before BROWN, Chief Judge, and COLEMAN and DYER, Circuit Judges.


COLEMAN, Circuit Judge.

The premature explosion of an 105 mm. howitzer round in Cambodia, May 22, 1970, while the Armed Forces of the United States were engaged in combat with the North Vietnamese, prompted this diversity suit. Hawley K. Challoner, of Wisconsin, was seriously injured by the explosion. Daniel E. Nelms, of Tennessee, was killed. Suit was grounded upon strict liability principles enunciated by Texas law. There was a jury verdict of $200,000 for Challoner...

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