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WOOLARD v. JLG INDUSTRIES, INC.

Nos. 98-6135 98-6136 98-6170

210 F.3d 1158 (2000)

Roy WOOLARD, Plaintiff-Appellee and Cross-Appellant, v. JLG INDUSTRIES, INC., a Pennsylvania corporation, Defendant, and Young Enterprises, Inc.; Primeco, Inc., d/b/a Prime Equipment Company, a Texas corporation, Defendants-Appellants and Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

April 25, 2000.

Attorney(s) appearing for the Case

Edward S. Hubbard, of Nicholas, Grant & Hubbard, P.L.L.C., Houston, Texas, (T.B. Nicholas, Jr., and Eileen K. Wilson, of Nicholas, Grant & Hubbard, P.L.L.C., Houston, Texas, and W. Wayne Mills, of Mills & Whitten, Oklahoma City, Oklahoma, with him on the briefs), for Appellant—Cross-Appellee Primeco, Inc.

Tim N. Cheek (D. Todd Riddles with him on the briefs) of Cheek, Cheek, & Cheek, Oklahoma City, Oklahoma, for Appellant—Cross-Appellee Young Enterprises, Inc.

Elizabeth R. Castleberry (with Jack S. Dawson and James A. Scimeca with her on the briefs) of Miller Dollarhide, Oklahoma City, Oklahoma, Appellee—Cross-Appellant Roy Woolard.

Before ANDERSON, BARRETT, and HENRY, Circuit Judges.

HENRY, Circuit Judge.

Roy Woolard was injured by the collapse of an aerial work platform (or "lift"). He subsequently filed this diversity action against JLG Industries, Inc. ("JLG"), the lift's manufacturer, and Young Enterprises ("Young"), the lift's owner at the time of the accident, alleging the defective manufacture, design, distribution, and sale of the lift. Mr. Woolard later joined Primeco Inc., the distributor that...

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