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BROWN v. LINK BELT CORP.

No. 75-2792.

565 F.2d 1107 (1977)

Linda BROWN, the duly appointed Personal Representative of the Estate of Billy Derrell Brown, Deceased, Plaintiff-Appellant, v. LINK BELT CORPORATION and FMC Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

December 7, 1977.

Attorney(s) appearing for the Case

Raymond J. Conboy (argued), of Pozzi, Wilson & Atchison, Portland, Or., for plaintiff-appellant.

Ridgway K. Foley, Jr. (argued), of Souther, Spaulding, Kinsey, Williamson & Schwabe, Portland, Or., for defendants-appellees.

Before BARNES and ELY, Circuit Judges, and VAN PELT, District Judge.

BARNES, Senior Circuit Judge:

Billy Derrell Brown ("Brown") died in a logging operation in Oregon after he was run over by an excavator crane manufactured by the defendants. Brown's widow brought a wrongful death action in the United States District Court for Oregon, the federal jurisdiction being predicated on diversity of the parties. As the case was finally submitted to the jury, the plaintiff only charged that the defendants should be held strictly liable for...

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