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AMBURGEY v. HOLAN DIVISION OF OHIO BRASS COMPANY

2 CA-CIV 3143.

124 Ariz. 534 (1979)

606 P.2d 24

Sylvester AMBURGEY and Hazel E. Amburgey, husband and wife, Plaintiffs-Appellants, v. HOLAN DIVISION OF OHIO BRASS COMPANY, a New Jersey Corporation, Defendant-Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 6, 1979.

Review Granted July 10, 1979.

Attorney(s) appearing for the Case

Taylor & Kamper by Timothy J. Kamper, Phoenix, for plaintiffs-appellants.

Mesch, Marquez, Clark & Rothschild, P.C. by John K. Mesch, Tucson, for defendant-appellee.

OPINION

RICHMOND, Chief Judge.

Plaintiffs' appeal from a judgment for the defendant in this products liability case is directed to the giving of a jury instruction on intended use and the exclusion of testimony with which they sought to impeach a defense witness. We agree that it was error to give the following instruction:

In order to prove a defective design it is necessary to prove that the injury occurred while the product was being used in a...

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