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THUDIUM v. ALLIED PRODUCTS CORP.

No. 94-1425.

36 F.3d 767 (1994)

Josh THUDIUM, Plaintiff-Appellee, v. ALLIED PRODUCTS CORPORATION, Defendant-Appellant, v. FULTON PERFORMANCE PRODUCTS, INC., Third-Party Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 4, 1994.

Attorney(s) appearing for the Case

Paul Lee, St. Louis, MO, argued (Chris Osborn, St. Louis, MO, Timothy Sear, Kansas City, MO, on the brief), for appellant.

Rex Gump, Moberly, MO, argued (Gary Tatlow and Vicki Davis, on the brief), for appellee.

Before HANSEN, Circuit Judge, HENLEY, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Allied Products Corporation ("Allied") and Fulton Performance Products, Inc., ("Fulton") appeal a judgment in favor of plaintiff/appellee Josh Thudium for injuries sustained when he was struck by a falling grain auger. Thudium submitted three theories of recovery to the jury: negligence, strict liability for defective design, and strict liability for failure to warn. On the basis of the first two claims, the jury awarded Thudium...

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