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ARMIJO v. EX CAM, INC.

No. 87-1323.

843 F.2d 406 (1988)

Dolores ARMIJO, Individually, as Personal Representative of the Estate of James Fray Saulsberry, and as next friend of Erin Armijo Saulsberry, Plaintiff-Appellant, v. EX CAM, INC. and Armi Tanfoglio Giuseppe, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 23, 1988.

Attorney(s) appearing for the Case

Tanya L. Scott of Ortega and Snead, P.A., Albuquerque, N.M., for plaintiff-appellant.

Alan Konrad and Judith E. Amer of Miller, Stratvert, Torgerson & Schlenker, P.A., Albuquerque, N.M., for defendants-appellees.

Before McKAY, ANDERSON, and TACHA, Circuit Judges.

TACHA, Circuit Judge.

In this diversity action, the plaintiff sought damages from the importer and the manufacturer of a handgun for death and personal injury resulting from the criminal use of the handgun. The district court granted the defendants' motion to dismiss for failure to state a claim upon which relief can be granted, 656 F.Supp. 771, and plaintiff appeals. Plaintiff has also filed a motion for certification to the...

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