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TOLAR v. CATERPILLAR TRACTOR CO.

No. 86-2009.

793 F.2d 654 (1986)

Robert TOLAR, Plaintiff-Appellant, v. CATERPILLAR TRACTOR COMPANY, Defendant, Standard Fire Insurance Company, Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

July 3, 1986.

Attorney(s) appearing for the Case

March H. Coffield, Seals, Stover, Coffield, Gatlin & Bisbey, Jasper, Tex., for plaintiff-appellant.

W.T. Womble, Crain, Caton, James & Womble, Houston, Tex., for Caterpillar.

Edward J. Hennessy, Hennessey & Associates, Suzanne Underwood, Dandra N. Edison, Houston, Tex., for Standard Fire Life Ins. Co.

Before GEE, RANDALL, and DAVIS, Circuit Judges.

GEE, Circuit Judge:

In 1982 Robert Tolar fell from a bulldozer in the course of his employment and was injured. He recovered benefits from his employer's insurer, The Standard Fire Insurance Company ("Standard Fire"), under the Texas Workers' Compensation Law, Vernon Ann.Tex.Stat.Art. 8306, et. seq. Tolar later brought this diversity action against the manufacturer of the bulldozer, the Caterpillar Tractor Company, alleging that its negligent design was the proximate...

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