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BAILEY v. ATLAS POWDER CO.

No. 78-1543.

602 F.2d 585 (1979)

James J. BAILEY and Beverly A. Bailey, his wife, Appellants, v. ATLAS POWDER COMPANY, a subsidiary of Tyler Corporation. John L. KLUS and Olga Klus, his wife v. ATLAS POWDER COMPANY, a subsidiary of Tyler Corporation.

United States Court of Appeals, Third Circuit.

Decided July 11, 1979.

Attorney(s) appearing for the Case

Philip B. Friedman (argued), Leonard G. Ambrose, III, Erie, Pa., for appellants.

James Marnen (argued), John M. McLaughlin, Knox, Graham, McLaughlin, Gornall & Sennett, Inc., Erie, Pa., and Joe B. Harrison, Wynne & Jaffe, Dallas, Tex., for appellee.

Before ALDISERT, VAN DUSEN and GIBBONS, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

The principal question raised in the appeal of this products liability case is: was it error under the Pennsylvania Supreme Court's interpretation of § 402A of the Restatement (Second) of Torts (1965) for the district court to charge the jury that it had to find a product "unreasonably dangerous" before it could find the product's manufacturer, defendant Atlas...

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