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AVERY v. MAREMONT CORP.

No. 78-2557.

628 F.2d 441 (1980)

Robert AVERY et al., Plaintiffs-Appellees Cross-Appellants, v. MAREMONT CORPORATION, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 28, 1980.

Attorney(s) appearing for the Case

Ralph E. Hartman, Jack Pew, Jr., Dallas, Tex., for defendant-appellant cross-appellee.

Kelsoe, McDonald & Ayres, R. Jack Ayres, Jr., Michael F. Pezzulli, Samuel B. Paternostro, Dallas, Tex., for plaintiffs-appellees cross-appellants.

Before COLEMAN, Chief Judge, PECK, and KRAVITCH, Circuit Judges.

COLEMAN, Chief Judge.

In 1974 eighteen year old Larry Avery bought a 1967 Mustang from his brother, thereafter setting out to modify the car for racing purposes. To elevate the rear end, he installed extenders between the normal shackles and the leaf springs and added expensive oversized tires. Unfortunately, the tires rubbed the fenders and were thereby cut up. Larry sought a solution for the tirerubbing problem, consulting two friends, Charles Nordmeyer and John...

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