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CARTER v. MASSEY-FERGUSON, INC.

No. 82-2287.

716 F.2d 344 (1983)

James Garland CARTER, Plaintiff-Appellee, v. MASSEY-FERGUSON, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 28, 1983.

Attorney(s) appearing for the Case

Victor Hlavinka, Texarkana, Tex., Jackson, Walker, Winstead, Cantwell & Miller, Jack Pew, Jr., Dallas, Tex., for defendant-appellant.

Scott Baldwin, Carl Roth, Marshall, Tex., for plaintiff-appellee.

Before WISDOM, TATE and GARWOOD, Circuit Judges.

WISDOM, Circuit Judge:

In this products liability case, controlled under Erie by the law of Texas, Massey-Ferguson, Inc., appeals from a jury verdict awarding damages to James Garland Carter for personal injuries that he sustained when a motorized log-moving device, called a skidder, allegedly backed into him. Massey-Ferguson contends that the trial judge committed a prejudicial error by refusing to admit evidence of the industry custom with regard to installation...

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