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SCOTT v. WHITE TRUCKS

No. 79-3835.

699 F.2d 714 (1983)

Otis SCOTT, Plaintiff-Appellant, v. WHITE TRUCKS, Defendant-Appellee, and Great Atlantic & Pacific Tea Company, Intervenor-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 27, 1983.

Attorney(s) appearing for the Case

S. Michael Cashio, Kenner, La., for plaintiff-appellant.

Jones, Walker, Waechter, Poitevent, Carrere & Denegre, Claude D. Vasser, New Orleans, La., for Great Atlantic & Pacific.

Bernard, Cassisa, Babst & Saporito, Jerry L. Saporito, Metairie, La., for White Trucks.

Before BROWN, GEE and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

In this Louisiana law diversity suit, plaintiff Scott appeals from a judgment n.o.v. rendered in favor of appellee White Trucks dismissing Scott's products liability claim.1 The primary questions are whether there is sufficient evidence to show that the product was defectively designed or manufactured, and if so, whether the defect existed when it left the manufacturer's hands. We hold there is no sufficient evidence...

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