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ROGERS v. ANHEUSER-BUSCH, INC.

No. 06-6141.

491 F.3d 1165 (2007)

Dan ROGERS, individually and as Personal Representative of the Estate of Krystle Rogers, deceased; Sherri Rogers, individually and as Personal Representative of the Estate of Krystle Rogers, deceased; James Brad Dooley; Tiffany Harper; Anna Christine Harper, Plaintiffs-Appellants, v. ANHEUSER-BUSCH, INC., a Missouri corporation; Anheuser-Busch Inc., doing business as Anheuser-Busch Sales of Tulsa, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 28, 2007.

Attorney(s) appearing for the Case

Robert W. Nelson (Thomas A. Paruolo, with him on the brief), of Whitten, Nelson, McGuire, Terry & Roselius, Oklahoma City, OK; (Gary C. Bachman, Stephen D. Bachman, Bryan G. Garrett, Holloway, Dobson & Bachman, P.C., Oklahoma City, OK, with him on the brief), for Plaintiffs-Appellants.

Richard C. Ford, Crowe & Dunlevy, Oklahoma City, OK, (James L. Kincaid, Crowe & Dunlevy, Tulsa, OK, with him on the brief), for Defendants-Appellees.

Before BRISCOE, HARTZ, and GORSUCH, Circuit Judges.

HARTZ, Circuit Judge.

On May 4, 2002, Krystle Rogers was killed and her passengers—James Brad Dooley, Tiffany Harper, and Anna Christine Harper—were injured when her vehicle collided with one driven by Randall Albright, III, who was intoxicated. Dan and Sherri Rogers (Krystle's parents and the personal representatives of her estate) and the passengers (collectively, Plaintiffs) filed suit on February 12, 2004, in the Western District of Oklahoma against...

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