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BANKS v. HARLEY-DAVIDSON, INC.

No. 95-1043.

73 F.3d 213 (1996)

Jeffrey J. BANKS; Robin P. Banks, Plaintiffs-Appellants, v. HARLEY-DAVIDSON, INC.; Harley-Davidson of Omaha, Inc.; Gabriel of Canada, Ltd., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 9, 1996.

Rehearing and Suggestion for Rehearing Denied February 15, 1996.

Attorney(s) appearing for the Case

Dana Bradford, Omaha, NE, argued (James Welsh, on the brief), for appellants.

Raymond Walden, Omaha, NE, argued (Daniel Chesire, Richard Walentine, Robert Mullin, Jr., and Richard Ratz, on the brief), for appellees.

Before WOLLMAN, MAGILL, and LOKEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied February 15, 1996.

LOKEN, Circuit Judge.

In this diversity case, Jeffrey and Robin Banks appeal the district court's1 grant of summary judgment dismissing their damage claims for injuries suffered in a motorcycle accident. The issue is whether they presented sufficient evidence that a pre-existing defect in the motorcycle's right rear...

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