BURKE v. WARNER & SWASEY CO.

No. 88-2274.

868 F.2d 1008 (1989)

Billy J. BURKE and Shirley Burke, Appellants, v. The WARNER & SWASEY COMPANY; Allied Signal, Inc. Badger Construction Equipment Company, Appellee. Midwestern Equipment Co., Inc., Wausau Insurance Companies, Intervenor Below.

United States Court of Appeals, Eighth Circuit.

Decided March 2, 1989.


Attorney(s) appearing for the Case

Nicholas H. Patton, Texarkana, Tex., for appellants.

Kent A. Gernander, Winona, Minn., for appellee.

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


HEANEY, Senior Circuit Judge.

Billy J. and Shirley Burke appeal from the district court order granting summary judgment to defendant Badger Construction Equipment Company in the Burkes' diversity action to recover damages for injuries Billy Burke suffered while operating a crane manufactured by Warner & Swasey Company, Badger's predecessor in interest. We remand.

Burke was injured when the crane in question tipped over on February 15, 1986, while he was...

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