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MEYERHOFF v. MICHELIN TIRE CORP.

Nos. 94-3185, 94-3205.

70 F.3d 1175 (1995)

Lowell MEYERHOFF and Donna Meyerhoff, individually, and as Administrators of the Estate of Kevin Lowell Meyerhoff, deceased, Plaintiffs-Appellants, v. MICHELIN TIRE CORPORATION and Timpte Trailer Company, Defendants-Appellees. Lowell MEYERHOFF and Donna Meyerhoff, individually, and as Administrators of the Estate of Kevin Lowell Meyerhoff, deceased, Plaintiffs-Appellees, v. MICHELIN TIRE CORPORATION, Defendant-Appellant, and Timpte Trailer Company, Defendant.

United States Court of Appeals, Tenth Circuit.

November 27, 1995.

Attorney(s) appearing for the Case

Richard D. Cordry (Gregory D. Bell and Frances A. Hartman with him on the briefs), Cordry, Hund & Hartman, Wichita, Kansas, for Meyerhoffs.

Richard C. Hite (Arthur S. Chalmers with him on the brief), Kahrs, Nelson, Fanning, Hite & Kellogg, Wichita, Kansas, for Michelin Tire Corporation.

Steven M. Kerwick (Trisha A. Thelen on the brief), Foulston & Siefkin, Wichita, Kansas, for Timpte Trailer Company.

Before MOORE, ANDERSON and BALDOCK, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

INTRODUCTION

This is a products liability action brought in diversity by the survivors of Kevin Meyerhoff, who was killed when a tire he was inflating exploded. His survivors sued the tire manufacturer, Michelin Tire Corporation, and the product seller, Timpte Trailer Company, under various theories including negligent failure to warn. The district court determined in pretrial proceedings that Timpte was entitled to summary...

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