MOUSER v. CATERPILLAR, INC.

No. 02-1997.

336 F.3d 656 (2003)

David MOUSER; Donald Green, Plaintiffs-Appellants, v. CATERPILLAR, INC., a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 15, 2003.

Rehearing and Rehearing Denied: August 22, 2003.


Attorney(s) appearing for the Case

Todd I. Muchnick, argued, St. Louis, MO, for appellant.

Steven Paul Sanders, argued, St. Louis, MO, for appellee.

Before McMILLIAN and MELLOY, Circuit Judges, and FRANK, District Judge.


Rehearing and Rehearing En Banc Denied: August 22, 2003.

MCMILLIAN, Circuit Judge.

David Mouser ("Mouser") and Donald Green ("Green") (together "plaintiffs") appeal from a final order entered in the United States District Court for the Eastern District of Missouri2 granting judgment as a matter of law ("JAML") in favor of Caterpillar, Inc. ("defendant"), on plaintiffs' claims stemming from an industrial accident and conditionally...

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