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MOORE v. BRUNSWICK BOWLING & BILLIARDS CORP.

No. D-3997.

889 S.W.2d 246 (1994)

Shannon MOORE, Individually and By Next Friend, Donal R. Moore, Petitioners, v. BRUNSWICK BOWLING & BILLIARDS CORPORATION, Mercury Division, Individually and dba Mercury Outboard Motors and/or Mercruiser; and Vivian Industrial Plastics, Inc., Individually and dba V.I.P. Boats, Respondents.

Supreme Court of Texas.

Decided April 20, 1994.

Rehearing Overruled June 22, 1994.

Certiorari Denied December 12, 1994.

Attorney(s) appearing for the Case

Neal H. Paster, Houston, for petitioners.

James B. Lewis, H. Lee Lewis, Jr., Houston, for respondents.

Certiorari Denied December 12, 1994. See 115 S.Ct. 664.

CORNYN, Justice, delivered the opinion of the Court, in which GONZALEZ, DOGGETT, GAMMAGE, SPECTOR and ENOCH, Justices, join.

This case presents the question of whether the Federal Boat Safety Act, 46 U.S.C. §§ 4301-4311, preempts a state law tort claim that a boat was defective because it lacked a propeller guard. We hold that such claims are neither expressly nor impliedly preempted by the...

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