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BARTLEY v. EUCLID, INC.

No. 97-40365.

158 F.3d 261 (1998)

John BARTLEY, Mike Rucker, Chris Luker, Walter Henry, and Tim Humber, Plaintiffs-Appellees-Cross-Appellants, Planet Insurance Company, Intervenor Plaintiff-Appellee, v. EUCLID, INC., et al., Defendants, Euclid, Inc., Defendant-Intervenor Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

October 20, 1998.

Attorney(s) appearing for the Case

Andy Wade Tindel, Tyler, TX, James Mark Mann, Wellborn, Houston, Adkison, Mann, Sadler & Hill, Henderson, TX, Don Wheeler, Wheeler & Russell, Center, TX, for Plaintiffs-Appellees-Cross-Appellants.

Kevin J. Croy, James Preston Dobbs, III, Burford & Ryburn, Dallas, TX, for Planet Ins. Co.

H. Douglas Wabner, Tim Marlin Wheat, Ben Taylor, Fulbright & Jaworski, Dallas, TX, William Joseph Boyce, Fulbright & Jaworski, Houston, TX, for Euclid, Inc.

Clifton T. Hutchinson, Bert Black, Hughes & Luce, Dallas, TX, Hugh F. Young, Jr., Product Liability Advisory Council, Reston, VA, for Product Liability Advisory Council, Inc., Amicus Curiae.

Before REAVLEY, DeMOSS and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge:

The appeal in this diversity case challenges a jury verdict and resulting judgment awarding four plaintiffs a total of $2.8 million, exclusive of prejudgment and post-judgment interest, on products liability and negligence theories against a manufacturer of coal hauling vehicles. The plaintiffs cross-appeal to challenge the jury finding that their own negligence contributed to their injuries. We affirm.

I. PROCEEDINGS

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