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HOLT v. DEERE & CO.

No. 93-6156.

24 F.3d 1289 (1994)

Dennis HOLT and Tonya Holt, husband and wife, Plaintiffs-Appellants, v. DEERE & COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 27, 1994.

Attorney(s) appearing for the Case

Micheal L. Darrah (Brently C. Olsson with him on the briefs), Huckaby, Fleming, Frailey, Chaffin & Darrah, Oklahoma City, OK, for appellants.

Richard A. Sayles, Sayles & Lidji, P.C., Dallas, TX (Marvin S. Sloman and Jeffrey S. Levinger of Carrington, Coleman, Sloman & Blumenthal, L.L.P., McKinney, TX and Robert H. Alexander, Jr., of Robert H. Alexander, P.C., Oklahoma City, OK, with him on the brief), for appellee.

Before ANDERSON, HOLLOWAY, Circuit Judges, and OWEN, District Judge.

STEPHEN H. ANDERSON, Circuit Judge.

The plaintiff, Dennis Holt, appeals from a jury verdict in favor of the defendant, Deere & Co. ("Deere"), in a product liability suit arising from an accident in which he was crushed by a road grader when it started in gear. On a special verdict form the jury found that Holt had not proven the essential elements of his product liability claim, and that he voluntarily assumed the risk of a known defect. He contends the district...

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