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HAGANS v. OLIVER MACHINERY CO.

No. 76-1045.

576 F.2d 97 (1978)

Curtis HAGANS, Plaintiff-Appellee, v. OLIVER MACHINERY COMPANY, Defendant-Appellant, v. CENTURY MACHINERY COMPANY, Defendant, Texas Employers' Insurance Company, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 24, 1978.

Attorney(s) appearing for the Case

Frank Owen, III, Herbert E. Cooper, El Paso, Tex., for defendant-appellant.

Robert D. Earp, El Paso, Tex., for C. Hagans.

Tom R. Coffield, Jr., Dallas, Tex., John A. Grambling, El Paso, Tex., for Texas Employers Ins. Co.

Before TUTTLE, COLEMAN and RONEY, Circuit Judges.

RONEY, Circuit Judge:

In this products liability diversity action, plaintiff Curtis Hagans recovered a $50,000 jury verdict for injuries sustained while operating an industrial table saw manufactured 30 years before by defendant Oliver Machinery Company. Finding no substantial evidence to support plaintiff's claims of strict liability and negligence on the part of the manufacturer, we reverse.

Defendant Oliver Machinery Company is a leading manufacturer of...

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