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O'KEEFE v. SPROUT-BAUER, INC.

Nos. 91-5863, 91-5994.

970 F.2d 1244 (1992)

James O'KEEFE, and Lorraine O'Keefe v. SPROUT-BAUER, INC., Bay State Milling Company, a subsidiary of Bay State Milling Co., and John Doe, Golfetto Manufacturing Company Sprout-Bauer, Inc., Third Party Plaintiff, v. GIAMMETTA MECHANICAL CONTRACTORS, INC., Third Party Defendant, James O'Keefe, Appellant. James O'KEEFE, and Lorraine O'Keefe, Appellants, v. SPROUT-BAUER, INC., Bay State Milling Company, a subsidiary of Bay State Milling Co., and John Doe, Golfetto Manufacturing Company Sprout-Bauer, Inc., Third Party Plaintiff, v. GIAMMETTA MECHANICAL CONTRACTORS, INC., Third Party Defendant.

United States Court of Appeals, Third Circuit.

Decided July 20, 1992.

Attorney(s) appearing for the Case

H. Curtis Meanor (argued), Podvey, Sachs, Meanor, Catenacci, Hildner & Cocoziello, A Professional Corp., Newark, N.J., for appellants.

Leonard T. Nuara (argued), Terence W. Camp, Budd, Larner, Gross, Rosenbaum, Greenberg & Sade, P.C. Short Hills, N.J., for appellee Sprout-Bauer, Inc.

Robert M. Leonard (argued), Sheila M. Nugent, Shanley & Fisher, P.C., Morristown, N.J., for appellee Golfetto Mfg. Co.

Before: GREENBERG and NYGAARD, Circuit Judges, and POLLAK, District Judge

OPINION OF THE COURT

GREENBERG, Circuit Judge.

This appeal from an order entered on October 3, 1991, denying reconsideration of an order for summary judgment entered on June 26, 1991, concerns the duties owed by a general contractor to its subcontractors under New Jersey law and raises questions regarding the "proximate cause" prong of a strict products liability claim based on a duty to warn. Specifically, we must determine whether the district court correctly...

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