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DELANEY v. DEERE AND CO.

No. 97-3321.

219 F.3d 1195 (2000)

Gene DELANEY, Plaintiff-Appellant, v. DEERE AND COMPANY and John Deere Limited, Defendants-Appellees. Kansas Trial Lawyers Association, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

July 19, 2000.

Attorney(s) appearing for the Case

John Gehlhausen, Lamar, Colorado (Kevin L. Diehl, Ralston, Diehl & Pope, Topeka, Kansas) with him on the briefs for Plaintiff-Appellant.

Larry A. Withers (Alan R. Pfaff, with him on the brief), Kahrs, Nelson, Fanning, Hite & Kellogg, L.L.P., Wichita, Kansas, for Defendants-Appellees.

William Pauzauskie, Topeka, Kansas, for Amicus Curiae Kansas Trial Lawyers Association.

Before SEYMOUR, Chief Judge, EBEL, and KELLY, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Plaintiff-appellant Gene Delaney appeals the district court's grant of summary judgment to defendants-appellees Deere and Company and John Deere Limited ("Deere"). The district court dismissed Mr. Delaney's product liability claims on the basis that Kan. Stat. Ann. § 60-3305(c) (1994) does not require a manufacturer to either warn or protect against hazards that are open and obvious, and that Restatement (Second) of Torts §...

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