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MENZ v. NEW HOLLAND NORTH AMERICA, INC.

No. 05-1739.

440 F.3d 1002 (2006)

Steven A. MENZ; Jennifer Menz, Appellants, v. NEW HOLLAND NORTH AMERICA, INC.; Ford Motor Company; Bangert Tractor Sales, Inc.; Westendorf Manufacturing Co., Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 16, 2006.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was J. Michael Ponder of Cape Girardeau, MO.

Counsel who presented argument on behalf of the appellee was John E. Galvin of St. Louis, MO. Donald J. Ohl of Edwardsville, IL appeared on the brief.

Before BYE, HEANEY, and COLLOTON, Circuit Judges.

BYE, Circuit Judge.

Steven Menz and his wife, Jennifer Menz, sued New Holland North America and others for their injuries arising out of a tractor roll-over accident. The district court denied their motion to remand the case to state court and then dismissed the action as a sanction for spoliation of evidence. The Menzes appeal both orders. We affirm in part, reverse in part, and remand for further proceedings.

I

On October 3, 2002, Steven Menz was...

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