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DURHAM v. HERBERT OLBRICH GMBH & CO.

No. 03-6157.

404 F.3d 1249 (2005)

Jason DURHAM, Plaintiff-Appellant, v. HERBERT OLBRICH GMBH & CO. KG, a German entity, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 19, 2005.

Attorney(s) appearing for the Case

Micky Walsh, Beeler, Walsh & Walsh, Oklahoma City, OK, and Joe E. White, Jr. and Charles C. Weddle III, White Law Firm, P.C., Oklahoma City, OK, for Plaintiff-Appellant.

Derrick Teague and Rodney L. Cook, Jennings Cook & Hoisington, Oklahoma City, OK, for Defendant-Appellee.

Before LUCERO, McKAY, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

While performing his job for Armstrong World Industries at Armstrong's vinyl flooring manufacturing plant in Stillwater, Oklahoma, plaintiff-appellant Jason Durham was severely burned after becoming entangled in linoleum webbing being drawn onto a hot oil drum. Although Durham's accident occurred in 2001, the plant equipment had been installed in 1987. The district court granted summary judgment on Mr. Durham's products liability claims in...

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