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ALLEN v. MINNSTAR, INC.

Nos. 90-4004, 90-4199.

8 F.3d 1470 (1993)

Scott ALLEN, Plaintiff-Appellant, v. MINNSTAR, INC., doing business as Genmar Industries, Inc., doing business as Wellcraft Marine, and Outboard Marine Corporation, Defendants-Appellees, Genmar Industries, Inc., doing business as Wellcraft Marine, Defendant-Third-Party Plaintiff-Appellee, Mitchell Huffman and Melvin Huffman, Third-Party Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 1, 1993.

Attorney(s) appearing for the Case

Jackson Howard of Howard, Lewis & Petersen, Provo, UT (D. David Lambert and Leslie W. Slaugh of Howard, Lewis & Petersen, with him on the brief), for plaintiff-appellant.

Warren E. Platt of Snell & Wilmer, Phoenix, AZ (Eileen J. Moore of Snell & Wilmer, Phoenix, AZ, and Todd S. Winegar and Karra J. Porter of Christensen, Jensen & Powell, Salt Lake City, UT, with him on the brief), for defendant-appellee Outboard Marine Corp.

Stephen B. Nebeker of Ray, Quinney & Nebeker, Salt Lake City, UT (Anthony B. Quinn and Douglas H. Patton of Ray, Quinney & Nebeker, with him on the brief), for defendant-appellee Wellcraft Marine.

Before LOGAN and HOLLOWAY, Circuit Judges, and BRETT, District Judge.

HOLLOWAY, Circuit Judge.

Plaintiff/appellant Scott Allen appeals from a summary judgment in favor of defendants/appellees Minnstar, Inc., dba Genmar Industries, Inc., dba Wellcraft Marine (Wellcraft) and Outboard Marine Corporation (OMC) on Allen's strict product liability claim (No. 90-4004). The claim arises out of a boating accident in which Allen was struck and severely injured by the propeller on a 1978 Wellcraft boat powered by an OMC engine. Allen alleges that...

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