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BINAKONSKY v. FORD MOTOR CO.

No. 96-2165.

133 F.3d 281 (1998)

Charlotte BINAKONSKY, individually and as mother and next friend of the minor children and as personal representative of the estate of the deceased, aka David Alan Binakonsky; Jane Marilyn Binakonsky, minor child of the deceased; Rachel Dara Binakonsky, minor child of the deceased; Lucy Ann Binakonsky, minor child of the deceased; Emily Binakonsky, minor child of the deceased, Plaintiffs-Appellants, v. FORD MOTOR COMPANY, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 5, 1998.

Attorney(s) appearing for the Case

ARGUED: Martin Henry Freeman, Freeman & Jenner, P.C., Rockville, MD, for Appellants. Malcolm Edward Wheeler, Parcel, Mauro, Hultin & Spaanstra, P.C., Denver, CO, for Appellee. ON BRIEF: Grace R. den Hartog, Joseph K. Reid, III, McGuire, Woods, Battle & Boothe, L.L.P., Richmond, VA, for Appellee.

Before HALL and NIEMEYER, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Affirmed in part, reversed in part, and remanded by published opinion. Senior Judge BUTZNER wrote the majority opinion, in which Judge HALL joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

BUTZNER, Senior Circuit Judge:

The widow and children of David Binakonsky, who brought this action against the Ford Motor Company, appeal the district court's entry of summary judgment for Ford. Because there are genuine issues of material fact, we vacate...

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