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SMITH v. MINSTER MACH. CO.

No. 80-1383.

669 F.2d 628 (1982)

William Jerry SMITH, Plaintiff-Appellant, v. MINSTER MACHINE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided January 21, 1982.

Rehearing Denied February 18, 1982.

Attorney(s) appearing for the Case

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

Scott M. Rhodes, Huckaby, Fleming & Frailey, Oklahoma City, Okl. (Kent Fleming, Huckaby, Fleming & Frailey, Oklahoma City, Okl., with him on brief), for defendant-appellee.

Before DOYLE, BREITENSTEIN and McKAY, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This is a diversity action which was brought in federal court pursuant to 28 U.S.C. § 1332. The judgment is one which was entered on a jury verdict and was in favor of the defendant, Minster Machine Company. The plaintiff, William Jerry Smith, a workman, was injured while operating a punch press manufactured by the defendant Minster. He incurred serious injury, including the loss of three fingers.

On June 2, 1977 plaintiff...

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