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HARRELL v. MADISON COUNTY MISSISSIPPI MOTE

No. 03-2494.

370 F.3d 760 (2004)

Charles HARRELL, Plaintiff/Appellee, v. MADISON COUNTY MISSISSIPPI MOTE CO., INC., Defendant/Appellant, Agricultural Group Self-Insurer Fund, Intervenor/Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 4, 2004.

Rehearing Denied July 8, 2004.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Julia L. Busfield of Little Rock, AR.

Counsel who presented argument on behalf of the appellee was C.S." Chuck" Gibson, II of Dermott, AR.

Before LOKEN, Chief Judge, BOWMAN, and WOLLMAN, Circuit Judges.

WOLLMAN, Circuit Judge.

Madison County Mississippi Mote Co., Inc. (Madison) appeals from the jury verdict entered in favor of Charles Harrell, arguing that the district court erred in instructing the jury. Because we conclude that the instructions did not fairly and adequately submit the case to the jury, we reverse and remand for new trial.

Harrell was employed by Parkdale Gin Company (Parkdale) in Parkdale, Arkansas. In 1992, Parkdale and Madison entered...

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