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ROCKWOOD INS. CO. v. CLARK EQUIP. CO., INC.

Nos. 81-2321, 81-2348.

713 F.2d 577 (1983)

ROCKWOOD INSURANCE COMPANY, Plaintiff-Appellee, v. CLARK EQUIPMENT CO., INC., Defendant, C.L. Smith d/b/a Smith Equipment Company and Donald J. Smith d/b/a Smith Equipment Company, Defendants-Appellants. ROCKWOOD INSURANCE COMPANY, Plaintiff-Appellant, v. CLARK EQUIPMENT CO., INC., Defendant-Appellee, C.L. Smith d/b/a Smith Equipment Company and Donald J. Smith d/b/a Smith Equipment Co., Defendants.

United States Court of Appeals, Tenth Circuit.

July 25, 1983.

Attorney(s) appearing for the Case

Bobby L. Odom of Niblock & Odom, Fayetteville, Ark., and Harry Scoufos of Scoufos & Montgomery, Sallisaw, Okl., for Rockwood Ins. Co.

James G. Wilcoxen of Wilcoxen & Cate, Muskogee, Okl., for C.L. Smith and Donald J. Smith d/b/a Smith Equip. Co.

Joe R. Kennedy, Kennedy, Kennedy, Wright & Stout, Muskogee, Okl., for Clark Equip. Co.

Before HOLLOWAY, DOYLE and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This is a subrogation action by an insuror to recover the amount paid to its insured for the fire loss of a logging machine. Jurisdiction is based on diversity. The insuror sued both the seller and the manufacturer for breach of warranty and defective product design. It also sued the seller for negligence as bailee when it had the machine in its possession for repair. The seller cross-claimed against the manufacturer for breach of warranty...

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