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BERGFELD v. UNIMIN CORP.

No. 02-2114.

319 F.3d 350 (2003)

Roger J. BERGFELD, Sr.; Denise I. Bergfeld, Plaintiffs/Appellants, v. UNIMIN CORPORATION, Defendant, Martin Marietta Corporation, also known as Lockheed Martin Corporation, Defendant/Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 11, 2003.

Attorney(s) appearing for the Case

Michael B. Martin, argued, Houston, TX (Todd Locher, Farley, IA, on the brief), for appellant.

Francis A. Citera, argued, Chicago, IL, (Ruth A. Bahe-Jachna, Chicago, IL, Lisa Harris, Orlando, FL and Larry J. Thorson, Cedar Rapids, IA, on the brief), for appellee.

Before WOLLMAN, LAY, and MAGILL, Circuit Judges.

WOLLMAN, Circuit Judge.

Roger and Denise Bergfeld appeal the district court's1 adverse grant of summary judgment on their products liability claim. The district court concluded that Roger Bergfeld's (Bergfeld) employer, the John Deere Dubuque Works Foundry, was a sophisticated user of the silica sand that allegedly caused his injuries and thus that Martin Marietta Corporation2 (Lockheed Martin) had no duty...

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