Nos. 89-5187, 89-5273.

893 F.2d 49 (1990)

Connie L. HABECKER, Individually and as Personal Representative of the Estate of John R. Habecker, Deceased; and John Michael Habecker, Minor, by Connie L. Habecker, his Parent, Natural Guardian and Next Friend, Appellants, v. COPPERLOY CORPORATION; Clark Equipment Company, Defendants, and Forklifts, Inc., Defendant and Third Party Plaintiff, v. CLARK EQUIPMENT COMPANY; R.L. Jeffries Trucking Co., Inc.; Department of the Army, United States of America; and United States of America, Third Party Defendants.

United States Court of Appeals, Third Circuit.

Decided January 8, 1990.

Rehearing and Rehearing Denied February 7, 1990.

Attorney(s) appearing for the Case

Samuel Posner, Gerald F. Posner (argued), David P. Morreale, Posner, Posner and Posner, Detroit, Mich., for appellants.

Dean F. Murtagh (argued), German, Gallagher & Murtagh, Philadelphia, Pa., for Copperloy Corp.

Richard W. Hollstein (argued), Susan L. Parsons, Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for Clark Equipment Co. and Forklifts, Inc.

Before BECKER, COWEN and SEITZ, Circuit Judges.

Rehearing and Rehearing In Banc Denied February 7, 1990.


BECKER, Circuit Judge.

Plaintiffs, the widow and child of John Habecker, brought this products liability action in the district court for the Middle District of Pennsylvania based on theories of strict liability, breach of implied warranty, and negligence. Habecker, a civilian employee of the New Cumberland (PA) Army Depot (NCAD), was killed when the forklift he was backing...

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