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McMURRAY v. DEERE AND CO., INC.

No. 84-2771.

858 F.2d 1436 (1988)

Roberta Ann McMURRAY, executrix of the estate of Dennis Ray McMurray, deceased, Plaintiff-Appellant, v. DEERE AND COMPANY, INC., A Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 31, 1988.

Attorney(s) appearing for the Case

Ronald S. Grant of Pray, Walker, Jackman, Williamson & Marlar, Tulsa, Okl. (Floyd W. Walker, was also on the brief), for plaintiff-appellant.

Bert M. Jones and JoAnne Deaton of Rhodes, Hieronymus, Jones, Tucker & Gable, Tulsa, Okl. (J.A. McCulloch, was also on the brief), for defendant-appellee.

Before HOLLOWAY, Chief Judge, and MOORE and BALDOCK, Circuit Judges.

HOLLOWAY, Chief Judge.

This is a diversity wrongful death-products liability action filed by Roberta Ann McMurray against Deere & Company, Inc. McMurray is the executrix of the estate her husband, Dennis Ray McMurray (decedent), who was run over and killed by his tractor after "bypass starting" it. McMurray claims the tractor was defective because it could be bypass started while in gear, and because Deere failed to warn decedent of this fact. The case was tried...

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