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STOUT v. BORG-WARNER CORP.

No. 90-8294.

933 F.2d 331 (1991)

Kendall STOUT, Plaintiff-Appellant, v. BORG-WARNER CORPORATION, et al., Defendants, Fairchild-Hiller Stratos Division, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 15, 1991.

Attorney(s) appearing for the Case

Susan Larsen, El Paso, Tex., for plaintiff-appellant.

James L. Gallager, Scott A. Agthe, Scott, Hulse, Marshall, Feuille, Finger & Thurmond, El Paso, Tex., for defendant-appellee.

Before WISDOM, JOLLY and DAVIS, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 15, 1991.

E. GRADY JOLLY, Circuit Judge:

In this product liability action, Kendall Stout, a former United States Army Corporal, caught his hand in a fan. He brought suit against Fairchild-Hiller Stratos Division of Fairchild Industries, Inc. ("Fairchild"), the designer and manufacturer of a 38,000 BTU air conditioning unit used by the United States Army to cool its Hawk Missile System Mobile Repair Unit. It was while...

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