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AGRISTOR LEASING v. SAYLOR

Nos. 85-5396, 85-5690 and 85-5691.

803 F.2d 1401 (1986)

AGRISTOR LEASING, Plaintiff, v. James SAYLOR and Kaaren Saylor d/b/a Udder Nonsense Dairy, Defendants and Third-Party Plaintiffs-Appellees, v. A.O. SMITH HARVESTORE PRODUCTS, INC.; Hermitage Harvestore Systems, Inc.; and Chuck Dowdy, Third-Party Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided October 21, 1986.

Rehearing Denied November 14, 1986.

Attorney(s) appearing for the Case

Joe E. Manuel, argued, Leitner, Warner, Moffitt, Williams, Dooley, Carpenter & Napolitan, Chattanooga, Tenn., Luther E. Cantrell, Jr., argued, Davies, Cantrell, Humphreys, McCoy, Nashville, Tenn., for third-party defendants-appellants.

James A. Vick, Malcolm L. McCune, argued, Gracey, Amddin, Cowan & Bird, John K. Maddin, Jr., James A. Vick, Nashville, Tenn., for Saylor et al.

Before LIVELY, Chief Judge, and KENNEDY and BOGGS, Circuit Judges.

LIVELY, Chief Judge.

In this diversity case the manufacturer, and the dealer and salesman who sold a silo-like structure for storing animal feed, appeal from a judgment for customers whose dairy herd suffered serious losses while being fed from the structure. After preliminary rulings by the district court there remained in the case claims for damages against the manufacturer based on strict liability for manufacturing and...

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