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HORAK v. PULLMAN, INC.

No. 83-1884.

764 F.2d 1092 (1985)

David R. HORAK and Deborah Horak, Plaintiffs-Appellants, v. PULLMAN, INC., et al., Defendants, Atchison, Topeka and Santa Fe Railroad, Defendant-Appellee, and AMERICAN CAR FOUNDRY CO., etc., Defendant-Third Party Plaintiff-Appellee-Appellant, v. KEYSTONE RAILWAY EQUIPMENT CO., Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 5, 1985.

Attorney(s) appearing for the Case

Chapman, Reese & Wiley, Foster Reese, III, Carlyle H. Chapman, Jr., Dallas, Tex., for Horak.

Donald E. Herrman, Fort Worth, Tex., for Atchison Topeka and Santa Fe R.R.

Kevin J. Keith, C. Edward Fowler, Jr., Barbara Pile, Dallas, Tex., for American Car Foundry Co.

David W. Townend, Dallas, Tex., for Keystone Ry.

Before JOHNSON, JOLLY, and HILL, Circuit Judges.

JOHNSON, Circuit Judge:

David and Deborah Horak appeal from the judgment of the district court in favor of the defendants in this diversity action based on allegations of negligence and products liability in which David and Deborah Horak sought damages for injuries David Horak (Horak) sustained as he attempted to open a gravity outlet gate on a railroad hopper car. On appeal, the Horaks contend that the district court erred when it granted directed verdicts in favor...

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