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SURACE v. CATERPILLAR, INC.

No. 95-1805.

111 F.3d 1039 (1997)

Michael SURACE; Alice Surace, h/w, Appellants, v. CATERPILLAR, INC.; CMI Corporation, Appellees.

United States Court of Appeals, Third Circuit.

Decided April 22, 1997.

Attorney(s) appearing for the Case

Sol H. Weiss (argued), Kristin Werner, Anapol, Schwartz, Weiss and Cohan, Philadelphia, PA, for Appellants Michael and Alice Surace.

Cary E. Hiltgen (argued), Karen S. MacLeod, Hiltgen and Brewer, Oklahoma City, OK, James D. Golkow, Cozen and O'Connor, Philadelphia, PA, for Appellee CMI Corporation.

Before: BECKER, STAPLETON, Circuit Judges, and WARD, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

This is a products liability case, Restatement of Torts 2d § 402A, arising out of a construction accident in which the treads of a huge road profiler machine ran over the foot of plaintiff Michael Surace. Surace brought suit against CMI Corporation ("CMI"), the manufacturer of the machine, in the district court for the Eastern District of Pennsylvania.1 The district court, concluding...

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