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SPENCE v. GLOCK, GES.M.B.H.

No. 99-40533.

227 F.3d 308 (2000)

Stan SPENCE, Individually and on behalf of others similarly situated; William Hatfield, Individually and on behalf of others similarly situated; John Johnson, Lieutenant, Individually and on behalf of others similarly situated, Plaintiffs-Appellees, John P. Kellogg, Intervenor-Plaintiff-Appellee, v. GLOCK, Ges.m.b.H., an Austrian limited liability company, Glock, Inc., a Georgia Corporation, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 27, 2000.

Attorney(s) appearing for the Case

John Browning Baldwin, Baldwin & Baldwin, Marshall, TX, William Wallace Camp, Dallas, TX, Damon M. Young, Young & Pickett, Texarkana, TX, James B. Gunther, Bruce J. McKee (argued), Hare, Wynn, Newell & Newton, Birmingham, AL, George Kevin Buchanan, Buchanan, Burket & Tinney, Dallas, TX, for Plaintiff-Appellees and Intervenor Plaintiff-Appellee.

John Robert Mercy, Mercy, Carter & Elliott, Texarkana, TX, Victor E. Schwartz (argued), Crowell & Moring, Washington, DC, John F. Renzulli (argued), Renzulli & Rutherford, LLP, New York City, for Defendants-Appellants.

John H. Beisner, O'Melveny & Myers, Washington, DC, Hugh F. Young, Jr., Product Liability Advisory Council, Reston, VA, for Product Liability Advisory Council, Inc., Amicus Curiae.

Before JONES, DUHÉ and WIENER, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Defendants appeal the district court's certification of a nationwide class of owners of Glock pistols who allege that their pistols are defective in several respects. The district court certified the class after concluding that Georgia law should be applied to all the class members' claims. Because the district court erred in its choice of law analysis, and thus abused its discretion on the...

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