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PIOTROWSKI v. SOUTHWORTH PRODUCTS CORP.

No. 93-1494.

15 F.3d 748 (1994)

Leo PIOTROWSKI; Katherine Piotrowski, Plaintiffs-Appellees, v. SOUTHWORTH PRODUCTS CORPORATION, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 1, 1994.

Rehearing Denied February 24, 1994.

Order Vacating Denial of Rehearing March 7, 1994.

Rehearing and Suggestion for Rehearing Denied April 7, 1994.

Attorney(s) appearing for the Case

Richard G. Mark, Minneapolis, MN, argued (Kathleen Erickson DeGiorno and Scott G. Bowman on the brief), for defendant-appellant.

Victor A. Kreuziger, Edina, MN, argued, for plaintiffs-appellees.

Before BEAM, Circuit Judge, LAY, Senior Circuit Judge, and BOGUE, Senior District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied April 7, 1994.

LAY, Senior Circuit Judge.

Leo Piotrowski brought this diversity action against Southworth Products Corp. ("Southworth") to recover for personal injuries he sustained while using a product manufactured by Southworth. The case was submitted to a jury on both strict liability and breach of implied warranty of fitness theories. The jury found only that Southworth had breached its implied warranty...

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