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RHYNES v. BRANICK MFG. CORP.

No. 80-1410 Summary Calendar.

629 F.2d 409 (1980)

Willie RHYNES, Plaintiff-Appellant, v. BRANICK MANUFACTURING CORPORATION, an Applied Power Industry, Defendant, Akron Weldcraft, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A.

October 27, 1980.

Attorney(s) appearing for the Case

Eberstein, Morris, Smith & Kinder, P.C., Paul L. Smith, Dallas, Tex., for plaintiff-appellant.

Vial, Hamilton, Koch, Tubb, Knox & Stradley, Robert H. Frost, Gerald R. Powell, Dallas, Tex., for Akron Weldcraft.

Before GEE, RUBIN and RANDALL, Circuit Judges.

GEE, Circuit Judge:

Appellant Rhynes' Texas diversity action claims damages for personal injury suffered when a tire exploded inside a safety cage. That the assertedly defective cage was manufactured by a business predecessor of defendant, rather than by defendant, is not disputed on this appeal from the summary judgment that Rhynes suffered below.1 Mr. Rhynes' appeal proceeds instead on a theory of product liability known as the "product...

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