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PAULEY v. BALL METAL BEVERAGE CONTAINER CORP.

No. 05-4455.

460 F.3d 1069 (2006)

Renee PAULEY; Kelsey Pauley, by and through Next Friend, Renee Pauley, Plaintiffs-Appellants, v. BALL METAL BEVERAGE CONTAINER CORPORATION; GeoEnergy International Corporation; Don Vandersypen, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 18, 2006.

Attorney(s) appearing for the Case

Eric J. Jensen, argued, Springfield, MO, for appellant.

Paul M. Croker, argued, Kansas City, MO (Richmond M. Enochs, on the brief, Kansas City), for appellee Ball Metal.

Jeffrey T. McPherson, argued, St. Louis, MO (Casey O. Housley and Ryan C. Fowler, on the brief, Kansas City, MO), for appellees GeoEnergy and Donald Vandersypen.

Before ARNOLD and BEAM, Circuit Judges, and DOTY, District Judge.

DOTY, District Judge.

Renee Pauley and Kelsey Pauley, by and through her next friend, Renee Pauley, sued Ball Metal Beverage Container Corporation ("Ball Metal"), GeoEnergy International Corporation ("GeoEnergy") and Don Vandersypen, alleging the wrongful death of Mark Pauley. The district court2 granted summary judgment in favor of defendants. Plaintiffs appeal and we affirm.

I. BACKGROUND

Decedent Mark Pauley was married...

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