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COLE v. ELLIOTT EQUIPMENT CORP.

No. 80-2394 Summary Calendar.

653 F.2d 1031 (1981)

Wyman W. COLE, Plaintiff-Appellant, v. ELLIOTT EQUIPMENT CORPORATION, Defendant, McCullagh Leasing, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

August 21, 1981.

Attorney(s) appearing for the Case

Arnold, Lavender, Rochelle, Barnette & Franks, E. Ben Franks, Texarkana, Ark., for plaintiff-appellant.

Hubbard, Patton, Peek, Haltom & Roberts, James N. Haltom, Texarkana, Tex., for Elliott Equipment Co.

C. Edward Fowler, Jr., Barbara Pilo, Dallas, Tex., for McCullagh Leasing, Inc.

Before BROWN, POLITZ and TATE, Circuit Judges.

POLITZ, Circuit Judge:

In this diversity jurisdiction suit, Wyman W. Cole asserts a products liability claim against the manufacturer and the third-party financier of an aerial basket. Determining that the arrangement by which the equipment was financed, although labeled a "lease" was actually a financing agreement, the trial court concluded that § 402A of the Restatement of Torts1 was not applicable and granted defendants' motion...

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