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PERRY v. WINSPUR

No. 83-1778.

782 F.2d 893 (1986)

Timothy L. PERRY and Kaye Perry, Plaintiffs-Appellants, v. Ian WINSPUR, M.D. and Thomas C. Sumners, M.D., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 28, 1986.

Attorney(s) appearing for the Case

Roger T. Castle, Denver, Colo., for plaintiffs-appellants.

Collie E. Norman, Johnson, Mahoney and Scott, Denver, Colo., for defendants-appellees.

Before McKAY and BALDOCK, Circuit Judges, and BREITENSTEIN, Senior Circuit Judge.

BALDOCK, Circuit Judge.

I. Introduction

In July, 1978, plaintiff-appellant Timothy L. Perry sustained injuries to his legs and hands when the rocket-powered exhibition car he was operating crashed at the Bandimere Speedway near Morrison, Colorado. The fuel used by this car contained a solution of 90 percent hydrogen peroxide. Appellants filed suit in federal district court on May 7, 1980, alleging that the hydrogen peroxide fuel came in contact with...

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