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MIDDLETON v. HARRIS PRESS AND SHEAR, INC.

No. 85-1306.

796 F.2d 747 (1986)

Rita J. MIDDLETON, Individually and on behalf of the Estate of Jimmy Dewane Middleton, Deceased, and as next friend of Michael Dewane Middleton, a minor, Plaintiff-Appellant, v. HARRIS PRESS AND SHEAR, INC., A SUBSIDIARY OF AMERICAN HOIST AND DERRICK COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 11, 1986.

Attorney(s) appearing for the Case

Russell H. McMains, Corpus Christi, Tex., Chapman, Reese & Wiley, Carlyle H. Chapman, Jr., Foster Reese, III, Dallas, Tex., for plaintiff-appellant.

Michael Braden, Carrington, Coleman, Sloman & Blumenthal, Dallas, Tex., for Harris Press.

Before WILLIAMS, JOLLY and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is a diversity case applying Texas products liability law. Jimmy Middleton was killed when a fellow employee engaged the hydraulics of an industrial baling machine while Middleton was attempting to clear a jam from its compression chamber. His wife sued the manufacturer of the baler, alleging that the machine was both defectively designed and unreasonably dangerous as marketed. The jury answered special interrogatories...

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