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WINTER v. BRENNER TANK, INC.

No. 90-3011.

926 F.2d 468 (1991)

Michael David WINTER, Plaintiff-Appellant, and Aetna Life & Casualty Insurance Co., Intervenor-Appellant, v. BRENNER TANK, INC. and Bar-Bel Fabricating Co., Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 18, 1991.

Attorney(s) appearing for the Case

Guy A. Modica, Sr., Modica, Fontenot & Dowden, Baton Rouge, La., for Winter.

Mark L. Riley, Onebane, Donohoe, Bernard, Torian, Diaz, McNamara & Abell, Lafayette, La., for intervenor-appellant.

Robert E. Barkley, Jr., Barkley & White, New Orleans, La., Arnd N. von Waldow, Pittsburgh, Pa., for defendants-appellees.

Before THORNBERRY, JOHNSON and DAVIS, Circuit Judges.

THORNBERRY, Circuit Judge:

The plaintiff, an employee for a trucking company, allegedly fell from a ladder attached to an eighteen-wheel chemical tank trailer when the braces attaching the ladder to the bottom of the tank truck broke. The plaintiff brought a products liability action against the company that sold the tank trailer and the company that actually fabricated and assembled the tank trailer and ladder. The plaintiff sought to prove that the ladder was defective...

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