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POLIUS v. CLARK EQUIPMENT CO.

Nos. 85-3392, 85-3393.

802 F.2d 75 (1986)

Michael POLIUS, Roselyn Polius, and Commissioner of Labor of the Government of the Virgin Islands, as subrogee of Michael Polius, Appellants in 85-3392, v. CLARK EQUIPMENT COMPANY, Appellant in 85-3393.

United States Court of Appeals, Third Circuit.

Decided September 29, 1986.

Rehearing and Rehearing Denied October 23, 1986.

Attorney(s) appearing for the Case

Gordon C. Rhea (argued), Thomas Alkon, Jeffrey L. Resnick, James & Resnick, Christiansted, St. Croix, V.I., for Michael Polius, et al.

Richard H. Hunter (argued), Judith A. Turner, Isherwood, Hunter, & Colianni, Christiansted, St. Croix, V.I., for Clark Equipment Co.

Before HUNTER, WEIS, and MANSMANN, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 23, 1986.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal we examine a claim caught up in the swirling cross currents of products liability and corporate successor responsibility. Plaintiff was injured while using an allegedly defective product manufactured by a now defunct corporation that had sold a substantial part of its assets to defendant. Reasoning that in practical effect defendant had...

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