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ALLENBERG v. BENTLEY HEDGES TRAVEL

No. 95,400.

22 P.3d 223 (2001)

2001 OK 22

Jack ALLENBERG, Surviving next-of-kin of AvaPattee Allenberg, Deceased, Plaintiff/Appellant, v. BENTLEY HEDGES TRAVEL SERV. INC., Bentley Hedges Park & Fly Inc., Lowell Hite Arvieux, Defendants, and Arkansas Bus Exchange Corp., Defendant/Appellee. Arkansas Bus Exchange Corp., Third Party Plaintiff. v. National Coach Corp., Eldorado Nat'l Co., Thor Indus., Inc., EBC, Inc., Gelco Corp., and John Doe, Mfr., and Budget Rent-A-Car Systems, Inc., a Delaware Corp., Third Party Defendants. Nancy (Leigh) Norman Gray, Personal Representative of the Estate of Gwinn Norman, Plaintiff/Appellant, v. Bentley Hedges Travel Serv. Inc., Bentley Hedges Park & Fly Inc., Lowell Hite Arvieux, Defendants, and Arkansas Bus Exchange Corp., Defendant/Appellee. Arkansas Bus Exchange Corp., Third Party Plaintiff, v. National Coach Corp., Eldorado Nat'l. Co., Thor Indus., Inc., EBC, Inc., Gelco Corp. and John Doe, Mfr., and Budget Rent-A-Car Systems, Inc., a Delaware Corp., Third Party Defendants.

Supreme Court of Oklahoma.

Rehearing Denied April 24, 2001.

Attorney(s) appearing for the Case

Ed Abel, Lynn B. Mares, Oklahoma City, OK, for Plaintiffs/Appellants.

Chris Harper, Harry R. Palmer, Jr., Phillip P. Owens II, Oklahoma City, OK, for Defendant/Third Party, Plaintiff/Appellee.

Tom Cooper, Oklahoma City, OK, for Budget Rent-A-Car/Third Party Defendant.

KAUGER, J.:

¶ 1 The first impression question presented is whether manufacturers' products liability is applicable to the commercial seller of a used product if the alleged defect was not created by the seller, and if the product is sold in essentially the same condition as when it was acquired for resale.1 We have determined that it is not.

FACTS

¶ 2 On July 16, 1997...

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