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BROWN v. CROWN EQUIPMENT CORP.

Nos. 06-2705, 06-2706.

554 F.3d 34 (2009)

Claire BROWN, Appellee/Cross-Appellant, v. CROWN EQUIPMENT CORPORATION, Appellant/Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided January 28, 2009.

Attorney(s) appearing for the Case

Jeffrey F. Peck with whom Ulmer & Berne, LLP, John A.K. Grunert and Campbell, Campbell, Edwards & Conroy, P.C. were on brief for appellant/cross-appellee.

Jonathan S. Franklin, Kimberly S. Walker, Fulbright & Jaworski L.L.P., Robin S. Conrad and Amar D. Sarwal, National Chamber Litigation Center, Inc., on brief for International Association of Defense Counsel and Chamber of Commerce of the United States of America, Amici Curiae.

Nicole L. Lorenzatti with whom Terrence D. Garmey and Smith Elliott, Smith & Garmey P.A. were on brief for appellee/cross-appellant.

Stephen B. Pershing, Center for Constitutional Litigation, P.C., and Lewis S. Eidson on brief for the American Association for Justice, Amicus Curiae.

Before TORRUELLA, BOUDIN and DYK, Circuit Judges.

PER CURIAM.

This appeal arises out of a law suit stemming from the death of Thomas Brown, who was killed operating a forklift manufactured by the Defendant, Crown Equipment Company. Brown's wife, Claire, filed suit in the Maine Superior Court for damages arising from the accident, claiming inter alia that Crown had negligently failed to warn Brown's employer of risks posed by the forklift; Crown removed the case to federal district court on diversity grounds...

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