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HOFER v. MACK TRUCKS, INC.

No. 91-3428.

981 F.2d 377 (1992)

Gaylon HOFER, Appellant, v. MACK TRUCKS, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 14, 1992.

Rehearing and Rehearing Denied February 2, 1993.

Attorney(s) appearing for the Case

Gerald L. Reade (argued), Yankton, SD, James R. Harr (on brief), Tripp, SD, for appellant.

Michael J. Schaffer (argued), Sioux Falls, SD, Marie E. Hovland (on brief), Sioux Falls, SD, for appellee.

Before BOWMAN and LOKEN, Circuit Judges, and LARSON, Senior District Judge.

Rehearing and Rehearing En Banc Denied February 2, 1993.

LARSON, Senior District Judge.

In this diversity case, Gaylon Hofer ("Hofer") brought suit against Mack Trucks, Inc. ("Mack"), alleging negligence and strict liability in the design, manufacture, testing, and marketing of a Mack truck and seeking punitive damages. Hofer appeals the judgment, entered upon a jury verdict that Hofer is not entitled to any recovery, and from the district court's

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