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MITCHELL v. LONE STAR AMMUNITION, INC.

No. 89-6123.

913 F.2d 242 (1990)

Robert F. MITCHELL, Individually, et al., Plaintiffs-Appellees, v. LONE STAR AMMUNITION, INC., etc., et al., Defendants, Day & Zimmerman, Inc., Etc. and Norris Industries, Etc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 3, 1990.

Attorney(s) appearing for the Case

John R. Mercy, Norman C. Russell, Atchley, Russell, Waldrop & Hlavinka, Texarkana, Tex., for Day & Zimmerman.

Mike A. Hatchell, Ramey, Flock, Jeffus, Crawford, Harper & Collins, Tyler, Tex., Dennis Weitzel, Robert T. Baskett, Burleson, Pate & Gibson, Dallas, Tex., for Norris.

Francis Scott Baldwin, Jack B. Baldwin, John Browning Baldwin, Baldwin & Baldwin, Marshall, Tex., for plaintiffs-appellees.

Before THORNBERRY, JOHNSON and SMITH, Circuit Judges.

JOHNSON, Circuit Judge:

Two servicemen were killed, and another was seriously injured, in the tragic explosion of a defective mortar shell. The surviving serviceman and the representatives of the deceased servicemen filed this personal injury diversity action against the manufacturers of the defective shell. A jury found appellants Day & Zimmermann, Inc., and Norris Industries, Inc., liable for the damages resulting from the explosion, and the district court rendered...

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