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FLOCK v. SCRIPTO-TOKAI CORP.

No. 02-20098.

319 F.3d 231 (2003)

Bryan FLOCK, Individually and as next friend, Natural Father, and as Heir of Son, Brandon Flock (Deceased); Omy Ray Munsinger, Individually, and as Natural Father, and as an Heir of Shonda Munsinger (Deceased); Patricia Munsinger Harris, Individually, and as Natural Mother, and as an heir of Shonda Munsinger (Deceased); Mickey Britt, Plaintiffs-Appellants, v. SCRIPTO-TOKAI CORPORATION; Tokai Corporation; JMP Mexico SA de CV, also known as JMP Mexico SAdeCV; Tokai de Mexico SA de CV, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 3, 2003.

Attorney(s) appearing for the Case

Barbara Arthur Radnofsky (argued), Sandra Garza Rodriguez, Jennifer H. Davidow, Vinson & Elkins, Houston, TX, for Plaintiffs-Appellants.

Brendan K. McBride (argued), David McDonald Prichard, Prichard, Hawkins & Young, San Antonio, TX, Linda C. Broocks, Ogden, Gibson, White & Broocks, Houston, TX, Mark K. Suzumoto, VanEtten Suzumoto, Santa Monica, CA, for Defendants-Appellees.

Carlos Alberto Villarreal, Hermansen, McKibben, Woolsey & Villarreal, Corpus Christi, TX, for Bic Pen Corp.

Before DAVIS, BARKSDALE and DENNIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Plaintiffs, Bryan Flock, Omy Ray Munsinger, Patricia Harris Munsinger, and Mickey Britt, appeal the district court's judgment granting summary judgment to defendants, Scripto-Tokai Corporation ("Scripto") and Tokai Corporation ("Tokai") (collectively "Scripto-Tokai"). The district court concluded that the plaintiffs could not establish that a defect in an Aim 'n Flame utility lighter designed, manufactured, and distributed by Scripto...

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