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OLIVER v. OSHKOSH TRUCK CORP.

Nos. 96-1320, 96-1321.

96 F.3d 992 (1996)

Donna S. OLIVER, Administratrix of the Estate of Arthur Dwayne Oliver, Plaintiff-Appellant, v. OSHKOSH TRUCK CORPORATION, Defendant-Appellee. Erik B. TATE and Shirl D. O'Brien-Tate, Plaintiffs-Appellants, v. OSHKOSH TRUCK CORPORATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 23, 1996.

Rehearing and Suggestion for Rehearing Denied October 25, 1996.

Attorney(s) appearing for the Case

Edward E. Strain, III, David A. Sleppy, J. Edward Staples (argued), Cathey & Strain, Cornelia, GA, Robert L. Herman, Atlanta, GA, for Plaintiff-Appellant.

Thomas L. Smallwood (argued), Borgelt, Powell, Peterson & Frauen, Milwaukee, WI, for Defendant-Appellee.

Before COFFEY, RIPPLE and MANION, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 25, 1996.

RIPPLE, Circuit Judge.

While on military assignment with the United States Marine Corps in Saudi Arabia, Corporal Arthur Oliver was killed when the MK-48 logistical support vehicle he was driving crashed and burned during a convoy operation. Corporal Erik Tate, who was riding in the MK-48, suffered severe burns in the crash. Each commenced separate products liability actions against Oshkosh...

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