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WOODS ON BEHALF OF WOODS v. INTERN. HARVESTER CO.

No. 81-3534.

697 F.2d 635 (1983)

Cynthia WOODS, individually and on Behalf of her minor children, Regina Joel WOODS and Trevor Neil Woods, Plaintiff-Appellee Cross-Appellant, v. INTERNATIONAL HARVESTER COMPANY, INC., Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

February 7, 1983.

Attorney(s) appearing for the Case

Bernard, Cassisa, Babst & Saporito, Paul V. Cassisa, Metairie, La., B. Jeff Crane, Houston, Tex., Seymour W. Croft, Senior Counsel, Chicago, Ill., for defendant-appellant cross-appellee.

Bagert, Bagert & McDonald, Bernard J. Bagert, Jr., New Orleans, La., John F. McDonald, III, Metairie, La., for plaintiff-appellee cross-appellant.

Before GOLDBERG, GEE and HIGGINBOTHAM, Circuit Judges.

GOLDBERG, Circuit Judge:

This is an appeal from a jury verdict for the plaintiffs in a diversity case from Louisiana. The action was for redhibition, under La.Civ.Code Ann. art. 2545, alleging that plaintiffs' decedent was killed by a defect in his International Harvester Scout II.

The Scout II is a vehicle designed and promoted for use over terrain wilder than asphalt. In particular, it can travel through a greater depth of water than normal passenger vehicles...

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