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BATTS v. TOW-MOTOR FORKLIFT CO.

No. 94-60606.

66 F.3d 743 (1995)

Myron BATTS, Plaintiff-Appellee, v. TOW-MOTOR FORKLIFT COMPANY and Caterpillar, Inc., Defendants, Caterpillar, Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 3, 1995.

Attorney(s) appearing for the Case

Frank A. Wood, Jr., John G. Corlew, Watkins & Eager, Jackson, MS, for appellant.

Jack F. Dunbar, Robert S. Mink, Holcomb, Dunbar, Connell, Chaffin & Willard, P.A., Oxford, MS, for amicus curiae — Deere & Co.

William B. Raiford, III, Charles M. Merkel, Merkel & Cocke, Clarksdale, MS, for appellee.

Before JOLLY and BENAVIDES, Circuit Judges, and FITZWATER, District Judge.

FITZWATER, District Judge:

We are asked to decide in this Erie1 case whether a change in state decisional law — in this instance, Mississippi's conversion from the "consumer expectations" to the "risk-utility" test in products liability actions — constituted an extraordinary circumstance that vested the district court with discretion to grant Fed.R.Civ.P. 60(b)(6) relief. Because we hold that it did not, we reverse...

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