Nos. 82-1542, 82-1543.

709 F.2d 734 (1983)

Joao DeMEDEIROS, Plaintiff, Appellant, v. KOEHRING CO., et al., Defendants, Appellees, v. PARKER BROTHERS CO., Third-Party Defendant, Appellee. Joao DeMEDEIROS, et al., Plaintiffs, Appellees, v. KOEHRING CO., et al., Defendants, Appellants, v. PARKER BROTHERS CO., Third-Party Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 1, 1983.

Attorney(s) appearing for the Case

Robert W. Cornell, Boston, Mass., with whom Cornell & Gollub, Boston, Mass., was on brief, for Koehring Co., et al.

Jeffrey S. Stern, Boston, Mass., with whom Tina M. Traficanti, and Sugarman, Rogers, Barshak & Cohen, Boston, Mass., were on brief, for Joao DeMedeiros, et al.

Francis L. Swift, Boston, Mass., for Parker Brothers Co.

Before COFFIN, Chief Judge, CAMPBELL and BREYER, Circuit Judges.

LEVIN H. CAMPBELL, Chief Judge.**

Joao DeMedeiros, while working at a factory in Massachusetts, suffered the amputation of portions of three fingers of his right hand as he was attempting to clear a jammed machine. Alleging that the machine, a model 2025 thermoformer manufactured by Brown Machine Company ("Brown"),1 had been negligently designed, Joao and his wife, Maria, brought this diversity suit in the...

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