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LINDSEY v. CATERPILLAR, INC.

No. 05-4406.

480 F.3d 202 (2007)

Rosario LINDSEY, individually and as Executrix of the Estate of Charles Lindsey, Appellant v. CATERPILLAR, INC.

United States Court of Appeals, Third Circuit.

Filed: March 26, 2007.

Attorney(s) appearing for the Case

Robert G. Bauer, Neil E. Durkin (Argued), Abraham, Bauer & Spalding, Philadelphia, PA, for Appellant.

James H. Keale (Argued), Zachery M. Barth, Sedgwick, Detert, Moran & Arnold LLP, Newark, NJ, for Appellee.

Before: BARRY, VAN ANTWERPEN, and GIBSON, Circuit Judges.

OPINION OF THE COURT

JOHN R. GIBSON, Circuit Judge.

Rosario Lindsey, individually and as executrix of the estate of Charles Lindsey, appeals from an order of the District Court granting summary judgment on her claim against Caterpillar arising out of the rollover of a sideboom pipe layer, manufactured by Caterpillar, which resulted in her husband's death. Lindsey alleged that the pipe layer was defective in that it did not have a rollover protective structure...

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