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ARGUBRIGHT v. BEECH AIRCRAFT CORP.

No. 88-2177.

868 F.2d 764 (1989)

Wilma L. ARGUBRIGHT, Individually and as Next Friend of Kurt Argubright, a Minor, etc., et al., Plaintiffs-Appellees Cross-Appellants, v. BEECH AIRCRAFT CORPORATION, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 24, 1989.

Attorney(s) appearing for the Case

Michael W. Huddleston, R. Brent Cooper, Jim E. Cowles, Cowles & Thompson, Dallas, Tex., for defendant-appellant cross-appellee.

Richard N. Countiss, John Howie, Charles McGarry, Law Offices of Windle Turley, Dallas, Tex., for plaintiffs-appellees cross-appellants.

Before CLARK, Chief Judge, HIGGINBOTHAM, Circuit Judge, and LITTLE, District Judge.

LITTLE, District Judge:

This diversity action raises the question under Texas law of when a potential hazard in a product may be deemed so open and obvious as to obviate any duty of the manufacturer to warn prospective users. Finding that the instant hazard was sufficiently obvious, we reverse the judgment entered by the district court against the manufacturer.

The fatal injuries which gave rise to this lawsuit occurred on 27 April 1982 when the plane carrying...

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