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LAVESPERE v. NIAGARA MACH. & TOOL WORKS, INC.

No. 89-4208.

910 F.2d 167 (1990)

James R. LAVESPERE, Plaintiff-Appellant Cross-Appellee, and Liberty Mutual Insurance Co., Intervenor-Appellant Cross-Appellee, v. NIAGARA MACHINE & TOOL WORKS, INC., Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

August 13, 1990.

Attorney(s) appearing for the Case

Henry B. Bruser, III, Gold, Weems, Bruser, Sharp, Sues & Rundell, Alexandria, La., for Lavespere.

Steven P. Mansour, Michael T. Johnson, Bolen, Erwin, Johnson & Coleman, Alexandria, La., for Liberty Mut. Ins. Co.

Brian D. Smith, Lunn, Irion, Johnson, Salley & Carlisle, Shreveport, La., for Niagara Mach. & Tool Works, Inc.

Before RUBIN, JONES, and BARKSDALE, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

An employee of a small manufacturing concern, after sustaining severe injuries to his hands while working with a machine owned by his employer, brought suit against the manufacturer of the machine, alleging that it was defectively designed in that it lacked adequate operator safeguards. After the district court had granted the manufacturer's supplemental motion for summary judgment on the ground that the device in question was not defective...

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