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LEONARD v. ALUMINUM CO. OF AMERICA

No. 84-1467.

800 F.2d 523 (1986)

Earl R. LEONARD, Plaintiff-Appellee, v. ALUMINUM COMPANY OF AMERICA, Defendant-Third Party Plaintiff-Appellant, v. TEMPLE DR. PEPPER BOTTLING CO., INC., Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 29, 1986.

Attorney(s) appearing for the Case

Michael O. Connelly, Mayor, Day & Caldwell, Robert M. Roach, Jr., Houston, Tex., for defendant-third-party plaintiff-appellant.

Robert J. Hanley, Waco, Tex., for Albertson's Inc.

Williams, Pattillo & Squires, Rod S. Squires, Waco, Tex., for Leonard.

Michael W. Huddleston, Cowles, Sorrells, Patterson & Thompson, P.C., David M. Macdonald, Dallas, Tex., for plaintiff-appellee.

Before RUBIN, WILLIAMS and DAVIS, Circuit Judges.

ON PETITIONS FOR REHEARING

(Opinion August 2, 1985, 5th Cir.1985, 767 F.2d 134)

OPINION

JERRE S. WILLIAMS, Circuit Judge:

The motion for rehearing is GRANTED. In our previous opinion in this case, 767 F.2d 134 (5th Cir.1985), we reversed the district court's judgment against the Aluminum Company of America [ALCOA] for failure to warn the consumer, the plaintiff-appellee...

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