McHARGUE v. STOKES DIV. OF PENNWALT CORP.

Nos. 88-2329, 88-2409.

912 F.2d 394 (1990)

Jeff McHARGUE and Julia McHargue, Plaintiffs/Appellants, v. STOKES DIVISION OF PENNWALT CORP., Defendant/Appellee. Appeal of CONTINENTAL INSURANCE COMPANY, Cross Claimant/Appellant.

United States Court of Appeals, Tenth Circuit.

August 6, 1990.


Attorney(s) appearing for the Case

Blaine A. Rutenbeck, Denver, Colo., and J. Conard Metcalf of Williams, Trine, Greenstein & Griffith, Boulder, Colo., for plaintiff/appellants.

James A. Clark, Bruce D. Pringle and Darwin Poyfair of Baker & Hostetler, Denver, Colo., for defendant/appellee.

Wendelyn K. Walberg, Kurt E. Walberg of Walberg Law Offices, Denver, Colo., for cross claimant/appellant.

Before BALDOCK and EBEL, Circuit Judges, and SAM, District Judge.


SAM, District Judge.

This is a products liability case in which plaintiffs Jeff and Julia McHargue and cross-claimant Continental Insurance Company (Continental)1 appeal from the trial court's denial of the McHargues' motion for a new trial after the jury returned a no cause of action verdict for defendant-appellant Stokes Division of Pennwalt Corporation (Stokes). The McHargues assert the trial court abused its discretion by (1) allowing...

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