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KINSER v. GEHL CO.

No. 98-3152.

184 F.3d 1259 (1999)

Mary KINSER, individually and as heir at law and personal representative of the estate of Tim Kinser, deceased, Plaintiff-Appellee, v. GEHL COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 27, 1999.

Attorney(s) appearing for the Case

E. Wayne Taff, of Sherman, Taff & Bangert, P.C., Kansas City, Missouri (Alan Epstein, of Hall & Evans, Denver, Colorado, and Steven F. Coronado, of Sherman, Taff & Bangert, P.C., Kansas City, Missouri, with him on the brief), for the appellant.

Daniel F. Church, of McAnany, Van Cleave & Phillips, P.A., Lenexa, Kansas (Byron A. Bowles, of McAnany, Van Cleave & Phillips, P.A., Lenexa, Kansas, and Kenneth J. Eland, of Sloan & Eland, Hoxie, Kansas, with him on the brief), for the appellee.

Before KELLY, McWILLIAMS, and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

Defendant Gehl Company appeals from the district court's denial of its motion for judgment as a matter of law or, in the alternative, for new trial following a jury verdict in favor of plaintiff in this product liability lawsuit. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I.

Prior to his death, Tim Kinser operated a farm in Jennings, Kansas. On August 17, 1994, while baling alfalfa with his Gehl...

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