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BIRCHLER v. GEHL CO.

No. 95-3201.

88 F.3d 518 (1996)

Scott BIRCHLER and Sandy Birchler, Plaintiffs-Appellants, v. GEHL COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 15, 1996.

Attorney(s) appearing for the Case

John P. Womick, Womick & Associates, Carbondale, IL, Gene A. Turk, Jr. (argued), Carbondale, IL, for Plaintiffs-Appellants.

Peter VonGontard, John E. Galvin (argued), David T. Dolan, Sandberg, Phoenix & Von Gontard, St. Louis, MO, for Defendant-Appellee.

Before CUDAHY, COFFEY, and FLAUM, Circuit Judges.

CUDAHY, Circuit Judge.

Mr. Birchler was injured in an accident involving the Gehlbale 1500, a hay baler manufactured by the Gehl Company. Mr. Birchler and his wife sued Gehl for damages resulting from the accident. During the trial the Birchlers requested a jury instruction on a continuing duty to warn, alleging that Gehl became aware of the hazards of the Gehlbale 1500 between the time of their purchase and the time of the accident. The request was denied and the...

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