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ARMSTRONG RUBBER CO. v. URQUIDEZ

No. B-7439.

570 S.W.2d 374 (1978)

ARMSTRONG RUBBER COMPANY, Petitioner, v. Conrada URQUIDEZ and Clemente Urquidez, Jr., Respondents.

Supreme Court of Texas.

Rehearing Denied October 4, 1978.

Attorney(s) appearing for the Case

Rassman, Gunter & Boldrick, John E. Gunter, Midland, for petitioner.

Warren Burnett Associated, Richard J. Clarkson, Odessa, for respondents.

McGEE, Justice.

This appeal involves the question whether the doctrine of strict liability in tort applies where the product has not entered the stream of commerce and where there has been no sale of the product by the manufacturer but a bailment for mutual benefit. The widow and son of test driver Clemente Urquidez brought suit against Armstrong Rubber Company. The plaintiffs pled that Urquidez was killed as the result of a blowout of a tire alleged to be defective...

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