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GEAN v. CLING SURFACE CO.

No. 91-7098.

971 F.2d 642 (1992)

Dannie Lee GEAN, Mary Ann Gean, Plaintiffs-Appellants, v. CLING SURFACE COMPANY, Defendant, FMC Corporation, Defendant-Appellee, Uniroyal, Inc., Defendant, National Union Fire Insurance Co., Defendant-Intervenor.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied October 2, 1992.

Attorney(s) appearing for the Case

Steven D. Tipler, Birmingham, Ala., Robert J. Binstock, Dennis C. Reich, Reich & Binstock, Gregg M. Rosenberg, Gregg M. Rosenberg & Associates, Houston, Tex., for plaintiffs-appellants.

Hobart A. McWhorter, Jr., John E. Goodman, Bradley, Arant, Rose & White, Birmingham, Ala., for defendant-appellee.

Before KRAVITCH, Circuit Judge, GODBOLD and JOHNSON, Senior Circuit Judges.

Rehearing and Rehearing En Banc Denied October 2, 1992.

JOHNSON, Senior Circuit Judge:

I. STATEMENT OF THE CASE

A workplace accident gave rise to this product liability case brought by Dannie Lee Gean and his wife, Mary Ann.1 At the time of the mishap, Gean was employed by Diamond Shamrock Corporation to perform maintenance work. On May 30, 1986, Gean was attempting to repair a conveyor belt manufactured by Uniroyal,...

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