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CONWAY v. WHITE TRUCKS, A DIV. OF WHITE MOTOR CORP.

Nos. 89-5024, 89-5061.

885 F.2d 90 (1989)

CONWAY, Neil and Conway, Joan, his wife, and Neil Conway to the Use of Roadway Express, Inc., Appellants in No. 89-5024, v. WHITE TRUCKS, A DIVISION OF WHITE MOTOR CORPORATION; Volvo-White Truck Corporation, Successor Corporation to White Trucks, a Division of White Motor Corporation; and National Seating Company and John Doe Corporation, Volvo White Truck Corporation, Appellant in No. 89-5061.

United States Court of Appeals, Third Circuit.

Decided September 12, 1989.

Rehearing and Rehearing Denied October 5, 1989.

As Amended October 10, 1989.

Attorney(s) appearing for the Case

Todd J. O'Malley (argued), Law Offices of Todd J. O'Malley, Scranton, Pa., for Neil and Joan Conway, his wife, appellants and cross-appellees.

P. Daniel Altland, Cleckner and Fearen, Harrisburg, Pa., for Roadway Express, Inc., appellant and cross-appellee.

William C. Foster, Kelly, Harrington, McLaughlin & Foster, Charles W. Craven (argued), Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, Pa., for Volvo White Truck Corp. appellee and cross-appellant.

John R. Lenahan, Jr. (argued), Lenahan & Dempsey, P.C., Scranton, Pa., for Nat. Seating Co., appellee.

Before SLOVITER and COWEN, and WEIS, Circuit Judges.

Rehearing and Rehearing In Banc in No. 89-5024 Denied October 5, 1989.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

Appellants, Neil Conway, Joan Conway, and Roadway Express, in its capacity as subrogee of Neil Conway's workmen's compensation claim (collectively referred to as "Conway"), were plaintiffs in a products liability action against appellee Volvo White Truck Corporation (Volvo) and National Seating Company. They appeal the...

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