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BRYAN v. JOHN BEAN DIVISION OF FMC CORP.

No. 75-3657.

566 F.2d 541 (1978)

Dyrell Glenn BRYAN, Plaintiff-Appellee, v. JOHN BEAN DIVISION OF FMC CORPORATION, Defendant-Third-Party Plaintiff Appellant-Cross Appellee, v. MIDLAND-ROSS CORPORATION, Third-Party Defendant-Appellee Cross Appellant, Royal-Globe Insurance Company, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 21, 1978.

Attorney(s) appearing for the Case

John E. Gunter, Emil C. Rassman, Midland, Tex., for John Bean Division of FMC Corp.

John H. Green, Odessa, Tex., for Dyrell Glenn Bryan.

James B. Sales, Russell H. McMains, L. S. Carsey, Houston, Tex., for Midland-Ross Corp.

George M. Kelton, Odessa, Tex., for Royal-Globe Ins. Co.

Before GODBOLD and CLARK, Circuit Judges, and HOFFMAN, District Judge.

GODBOLD, Circuit Judge:

Plaintiff, an automobile mechanic, was injured in December 1971. A cast-iron tool known as a clevis, used in bending an automobile axle for wheel alignment, broke into pieces under pressure, and one of the pieces struck plaintiff, causing loss of an eye and allegedly causing back injuries. He sued John Bean Corporation, which had designed and distributed the clevis as part of a wheel alignment kit, basing his case on strict liability in tort...

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