BLACK v. M & W GEAR CO.

Nos. 00-6072, 00-6073.

269 F.3d 1220 (2001)

Carolyn BLACK, individually and as administrator of the estate of John Braden Black, Plaintiff-Appellee/Cross-Appellant, v. M & W GEAR COMPANY; Alamo Group, Inc., Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

November 7, 2001.


Attorney(s) appearing for the Case

John Gehlhausen, John Gehlhausen, P.C., Lamar, CO, for Plaintiff-Appellee/Cross-Appellant.

Michael S. McMillin, (Dale Reneau, with him on the briefs), Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, OK, for Defendants-Appellants/Cross-Appellees.

Before BRISCOE, MURPHY, Circuit Judges, and CROW, District Judge.


MURPHY, Circuit Judge.

I. INTRODUCTION

Plaintiff brought a products liability suit against Defendants in the United States District Court for the Western District of Oklahoma for the death of her husband. Jurisdiction was based on diversity of citizenship under 28 U.S.C. § 1332. After a jury trial, Plaintiff was awarded $2.5 million in actual damages.

Both Plaintiff and Defendants have appealed various...

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