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BARGER v. CHARLES MACH. WORKS, INC.

No. 80-1868.

658 F.2d 582 (1981)

Michael W. BARGER, Appellant, v. CHARLES MACHINE WORKS, INC., a Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 3, 1981.

Attorney(s) appearing for the Case

Frank Matthews (argued), Matthews & Cannon, P. C., Omaha, Neb., Raymond E. Pogge, Pogge, Root & Steege, Council Bluffs, Iowa, for appellant.

Emmet Tinley (argued), William R. Hughes, Jr., Stuart, Tinley, Peters, Thorn, Smits & Sens, Council Bluffs, Iowa, for appellee.

Before HEANEY and HENLEY, Circuit Judges, and NICHOL, Senior District Judge.

HENLEY, Circuit Judge.

Michael W. Barger appeals from an adverse judgment of the district court, entered upon a jury verdict in favor of Charles Machine Works, Inc., in a products liability action brought by Barger to recover damages for a leg injury sustained while he was using a combination trenching, backhoe, and cable plow machine1 (a Ditch Witch) that was designed and manufactured by appellee...

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