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BINGHAM v. HOLLINGSWORTH MFG. CO., INC.

No. 81-1092.

695 F.2d 445 (1982)

Catherine BINGHAM, Plaintiff-Appellant, v. HOLLINGSWORTH MANUFACTURING CO., INC., a Texas Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 15, 1982.

Attorney(s) appearing for the Case

Glen Mullins, Abel, Musser, Sokolosky & Clark, Oklahoma City, Okl. (Ed Abel and David Pearce, Abel, Musser, Sokolosky & Clark, Oklahoma City, Okl., with him on the brief), for plaintiff-appellant.

David L. Thomas, Crowe & Dunlevy, Oklahoma City, Okl. (Patrick M. Ryan and Candace M. Williams, Crowe & Dunlevy, Oklahoma City, Okl., with him on the brief), for defendant-appellee.

Before SETH, Chief Judge, DOYLE, Circuit Judge, and TEMPLAR, Senior District Judge.

WILLIAM E. DOYLE, Circuit Judge.

This is a diversity case and personal injury, as well, which originated in the Western District of Oklahoma, wherein the defendant, the Hollingsworth Manufacturing Co., Inc., prevailed before the jury. Mrs. Bingham, the plaintiff, was injured when she lost control of her truck while pulling a loaded fertilizer spreader to her farm to be used there. This spreader was heavy equipment (four tons) which was being pulled by Mrs. Bingham...

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