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McGONIGAL v. GEARHART INDUSTRIES, INC.

No. 85-2187.

788 F.2d 321 (1986)

Lane M. McGONIGAL, Individually and As Father and Next Friend of Kevin M. McGonigal and Connie L. McGonigal, Individually and As Mother and Next Friend of Carrie A. Hamm and Susan M. Hamm and Mark M. Thompson, Plaintiffs-Appellants, v. GEARHART INDUSTRIES, INC., Defendant, Day & Zimmerman, Inc., etc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 30, 1986.

Attorney(s) appearing for the Case

Nicholas Gilman, Washington, D.C., for plaintiffs-appellants.

John R. Mercy, Atchley, Russell, Waldrop & Hlavinka, Norman C. Russell, Texarkana, Tex., for defendant-appellee.

Before JOLLY and HILL, Circuit Judges, and HUNTER, District Judge.

E. GRADY JOLLY, Circuit Judge:

This case is on appeal to review the district court's dismissal of the appellants' products liability claim and directed verdict of the appellants' negligence claim against the appellee, Day & Zimmerman, Inc. These claims arise out of an accident in which two of the appellants, both sergeants in the United States Army, were seriously injured when one of them threw a defective hand grenade during training. Because we find that the...

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