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HURD v. AMERICAN HOIST & DERRICK CO.

No. 82-2176.

734 F.2d 495 (1984)

Russell Eugene HURD, Plaintiff-Appellee, v. AMERICAN HOIST AND DERRICK COMPANY, a Delaware Corporation, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 11, 1984.

Attorney(s) appearing for the Case

David P. Madden, Tulsa, Okl. (Jack Y. Goree of Whitten, Goree, Davies & Madden, Tulsa, Okl., was also on brief), for plaintiff-appellee.

S.M. Fallis, Jr., Tulsa, Okl. (Jerry R. Nichols of Nichols & Wolfe, Inc., Tulsa, Okl., was also on brief), for defendant-appellant.

Before HOLLOWAY, DOYLE and LOGAN, Circuit Judges.

HOLLOWAY, Circuit Judge.

This is an appeal by American Hoist and Derrick Company (defendant) from an adverse judgment in a products liability suit removed to the district court on diversity grounds. Russell Hurd (plaintiff) brought this action and in a jury trial the district court directed a verdict in plaintiff's favor and denied a subsequent motion for a new trial and for a remittitur.

I

The facts as shown by plaintiff's evidence were as follows...

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