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BURKS v. FIRESTONE TIRE & RUBBER CO.

No. 79-1774.

633 F.2d 1152 (1981)

Opal I. BURKS, Plaintiff-Appellant, Texas Employers Insurance Company, Intervenor-Appellant, v. The FIRESTONE TIRE & RUBBER COMPANY, Defendant-Third Party Plaintiff-Appellee, and Kelsey-Hayes Company, Third Party Defendant-Appellee, Ford Motor Company, Third Party Defendant.

United States Court of Appeals, Fifth Circuit. Unit A

January 8, 1981.

Attorney(s) appearing for the Case

James J. Hultgren, Dallas, Tex., for Opal I. Burks.

Tom J. Stollenwerck, Dallas, Tex., for Texas Employers Ins. Co.

C. Vernon Hartline, Jr., Dallas, Tex., for Firestone Tire & Rubber Co.

Strasburger & Price, Royal H. Brin, Jr., Dallas, Tex., for Kelsey-Hayes.

Before AINSWORTH, Circuit Judge, KUNZIG, Judge, and RANDALL, Circuit Judge.

KUNZIG, Judge.

In this products liability action, two tire rim manufacturers are being sued for the alleged wrongful death of appellant's late husband, killed by the explosion of a tire rim manufactured by the two companies. At trial, a key issue was whether the design of the tire rim involved in the accident was defective. Early in the proceedings, defendants stipulated that at the time when the tire rim in question was marketed, it would have been feasible to market...

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