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WOLFE v. GILMOUR MFG. CO.

Nos. 97-3125, 97-2971.

143 F.3d 1122 (1998)

John V. WOLFE, Trustee, Appellant/Cross-Appellee, and Liberty Mutual Insurance, plaintiff, v. GILMOUR MANUFACTURING COMPANY, Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 8, 1998.

Rehearing and Suggestion for Rehearing Denied July 7, 1998.

Attorney(s) appearing for the Case

George H. Moyer, Jr., Madison, NE, argued, for Appellant/Cross-Appellee.

William J. Brennan, Omaha, NE, argued (Gerald L. Friedrichsen, Omaha, NE, on the brief), for Appellee/Cross-Appellant.

Before MORRIS SHEPPARD ARNOLD and FLOYD R. GIBSON, Circuit Judges, and NANGLE, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied July 7, 1998.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Vicky Heller was an employee of National Farm Products, Inc., at its hog farrowing unit in Atkinson, Nebraska. In the course of her work, she used a sprayer that Gilmour manufactured to apply a disinfectant called Pantek II to farrowing crates. The bottle containing the Pantek II separated from the sprayer, permitting the chemical to come in contact with...

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