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MELTON v. DEERE & CO.

No. 88-4439.

887 F.2d 1241 (1989)

Garland MELTON, Plaintiff-Appellant, v. DEERE & COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 26, 1989.

Attorney(s) appearing for the Case

Tom Mason, Lyon, Miss., Ralph E. Chapman, Chapman & Heaton, Clarksdale, Miss., Jack B. Sellers and Jefferson D. Sellers, Sapulpa, Okl., for plaintiff-appellant.

Jack F. Dunbar and Wylene W. Dunbar, Holcomb & Dunbar, Oxford, Miss., for defendant-appellee.

Before GEE, REAVLEY and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

A plaintiff injured when cleaning out a combine's unloader brought this products liability claim against the combine's manufacturer. Finding the unloader's danger open and obvious, the district court directed a verdict in favor of the manufacturer. We affirm.

I

Garland Melton's arm was caught in the auger of a vertical unloader of a combine manufactured by Deere & Co. The function of the vertical unloader is to...

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