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KIRKENDALL v. HARBOR INS. CO.

No. 88-2696.

887 F.2d 857 (1989)

Ann KIRKENDALL, Individually & as Personal Rep. of Estate of Dee Franklin Kirkendall, Deceased, Appellant, v. HARBOR INSURANCE COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 10, 1989.

Attorney(s) appearing for the Case

Sam Sexton, Jr., Fort Smith, Ark., for appellant.

Robert L. Henry, III, Little Rock, Ark., for appellee.

Before McMILLIAN, Circuit Judge, HEANEY, Senior Circuit Judge and FAGG, Circuit Judge.

HEANEY, Senior Circuit Judge.

Dee Franklin Kirkendall contracted acquired immune deficiency syndrome (AIDS) from a blood transfusion that he received during heart surgery at Sparks Regional Medical Center in Fort Smith, Arkansas. Kirkendall and his wife, Ann, commenced this action against United Blood Services (UBS) in strict liability and negligence for supplying the contaminated blood.1 The district court granted defendant's motion for...

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