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FREEMAN v. CASE CORP.

No. 96-1626.

118 F.3d 1011 (1997)

Daniel FREEMAN, Plaintiff-Appellant, and Mary Freeman, Plaintiff, v. CASE CORPORATION, a/k/a J.I. Case Company, A Tenneco Corporation; Case International, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 8, 1997.

Attorney(s) appearing for the Case

ARGUED: J. Farrest Taylor, Cherry, Givens, Peters, Lockett & Diaz, Dothan, AL, for Appellant. Michael Harper Gladstone, Mays & Valentine, L.L.P., Richmond, VA, for Appellees. ON BRIEF: John K. Givens, Cherry, Givens, Peters, Lockett & Diaz, Dothan, AL, for Appellant. Dabney J. Carr, IV, Mays & Valentine, L.L.P., Richmond, VA, for Appellees.

Before HAMILTON and MOTZ, Circuit Judges, and LEGG, United States District Judge for the District of Maryland, sitting by designation.

Reversed and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge HAMILTON and Judge LEGG joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

In this product liability diversity case, after the jury awarded the plaintiff substantial damages, the district court granted the defendant's motion for judgment. Because the district court erred in concluding that the hazard presented...

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