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BRUCE v. MARTIN-MARIETTA CORP.

Nos. 75-1683, 75-1684.

544 F.2d 442 (1976)

Mike BRUCE et al., Plaintiffs-Appellants, v. MARTIN-MARIETTA CORPORATION and Ozark Airlines, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided September 24, 1976.

Rehearing Denied October 29, 1976.

Attorney(s) appearing for the Case

Larry A. Tawwater and John W. Norman, Oklahoma City, Okl. (Lampkin, Wolfe, Burger, Abel, McCaffrey & Norman, Oklahoma City, Okl., on the brief), for plaintiffs-appellants.

D. C. Johnston, Jr., Oklahoma City, Okl. (Pierce Couch Hendrickson & Short, Oklahoma City, Okl., of counsel, on the brief), for defendant-appellee Martin-Marietta Corp.

James D. Foliart, Oklahoma City, Okl. (Foliart, Mills & Niemeyer and George W. Dahnke, Oklahoma City, Okla., on the brief), for defendant-appellee Ozark Airlines, Inc.

Before McWILLIAMS and BREITENSTEIN, Circuit Judges, and ZIRPOLI, District Judge.

Rehearing Denied in No. 75-1683 October 29, 1976.

BREITENSTEIN, Circuit Judge.

These consolidated appeals relate to a product liability case arising out of an airplane crash. Plaintiffs-appellants are persons injured, and representatives of persons killed, in the crash. Defendant-appellee Martin-Marietta Corporation manufactured the plane. Defendant-appellee Ozark Airlines was an intermediate owner and seller of the plane. Jurisdiction is based on diversity...

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