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AUSTIN v. WILL-BURT CO.

No. 03-60007.

361 F.3d 862 (2004)

Elizabeth Crowder AUSTIN, Individually, and as Administratrix of the Estate of Andrew C. Austin, Deceased; Heidi Elizabeth Austin; Frank Barksdale Austin, Plaintiffs-Appellants, v. WILL-BURT COMPANY; et al., Defendants, Will-Burt Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 1, 2004.

Attorney(s) appearing for the Case

James P. Cothren (argued), Cothrem Law Firm, Jackson, MS, Joseph G. Van Winkle, Lewis, Webster, Johnson & Van Winkle, Des Moines, IA, for Plaintiffs-Appellants.

W. Scott Welch, III, LeAnn Walber Mercer, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, MS, Kari Louise Foster (argued), Butler, Snow, O'Mara, Stevens & Cannada, Memphis, TN, for Defendant-Appellee.

Before GARWOOD, JONES and STEWART, Circuit Judges.

GARWOOD, Circuit Judge:

In this products liability diversity case, plaintiffs-appellants Elizabeth Crowder Austin, et. al., (appellants), appeal the summary judgment dismissal of their action against defendant-appellee Will-Burt Co. (Will-Burt) for damages for the wrongful death of their decedent, Andrew Austin1. We affirm.

Facts and Proceedings Below

Andrew Austin (Austin) was a twenty-four year old college graduate...

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