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MOSS v. PARKS CORP.

Nos. 92-1354, 92-1475.

985 F.2d 736 (1993)

Melvin MOSS, Plaintiff-Appellant, v. PARKS CORPORATION, Defendant-Appellee. (Two Cases)

United States Court of Appeals, Fourth Circuit.

Decided January 28, 1993.

As Amended March 3, 1993.

Attorney(s) appearing for the Case

Ralph Ogden, Wilcox & Ogden, P.C., Denver, CO, argued (Joseph A. Mooneyham, Harris & Graves, P.A., Greenville, SC, on the brief), for plaintiff-appellant.

Gray Thomas Culbreath, Yolanda Coker Courie, Collins & Lacy, Columbia, SC, argued, for defendant-appellee.

Before RUSSELL and WILKINSON, Circuit Judges, and MORGAN, United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

MORGAN, District Judge:

The Plaintiff in this case, Mr. Melvin Moss, suffered severe burns when fumes from paint thinner he was using erupted into flames. The Plaintiff brought suit against defendant Parks Corporation ("Parks"), the paint thinner's manufacturer, alleging five causes of action based upon a failure to warn pursuant to the Federal Hazardous Substances Act's ("FHSA") labeling requirements found at 15 U.S.C.A. § 1261(p)(1)(F) (West...

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