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PONDER v. WARREN TOOL CORP.

No. 83-2466.

834 F.2d 1553 (1987)

Bobby M. PONDER, Plaintiff-Appellant, v. WARREN TOOL CORPORATION and Patch Rubber Company, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 10, 1987.

Attorney(s) appearing for the Case

Ronald N. Gott, Wichita, Kan. (Paul S. McCausland and Kenneth M. Clark, Gott, Young & Bogle, P.A., Wichita, Kan., were also on briefs), for plaintiff-appellant.

Richard D. Ewy, Wichita, Kan. (Jerry G. Elliott, Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., was also on briefs), for defendants-appellees.

Before HOLLOWAY, Chief Judge, BARRETT, Circuit Judge, and GREENE, District Judge.

HOLLOWAY, Chief Judge.

This is a diversity products liability action asserting negligence and strict liability theories to recover for injuries plaintiff Ponder suffered as a result of the explosion of a tire he was trying to mount using a bead seater manufactured by defendant Patch Rubber Company and marketed by defendant Warren Tool Company. Ponder appeals from a judgment on a jury verdict in favor of Patch. We reverse.

I.

On December 17, 1979...

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