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GLORVIGEN v. CIRRUS DESIGN CORP.

No. 08-2680.

581 F.3d 737 (2009)

Rick GLORVIGEN, as Trustee for the Next of Kin of Decedent James Kosak, Plaintiff-Appellee, v. CIRRUS DESIGN CORPORATION, Defendant-Appellant, Estate of Gary R. Prokop, By and Through Katherine Prokop as Personal Representative, Defendant-Appellee. Thomas M. Gartland, as Trustee for the Next of Kin of Gary R. Prokop, Deceased, Plaintiff-Appellee, v. Cirrus Design Corporation, Defendant-Appellant. Cirrus Design Corporation, Third Party Plaintiff-Appellant, v. United States of America, Third-Party Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 16, 2009.

Attorney(s) appearing for the Case

Collin E. Wrabley, argued, Pittsburgh, PA (James C. Martin, Pittsburgh, PA; Patrick E. Bradley, Princeton, NC; and Daniel J. Connolly, Minneapolis, MN, on the brief), for appellant.

Steven Aaron Kirsch, Asst. U.S. Atty., Department of Justice, argued, Washington, DC (Gregory G. Katsas, Asst. Atty. Gen., Frank J. Magill, Jr., Acting U.S. Atty., and David W. Fuller, Asst. U.S. Atty., Washington, DC, on the brief), for appellee U.S.

Darrold E. Persson, argued, Hibbing, MN (Edward J. Matonich and David Alden Arndt, I, Hibbing, MN, on the brief), for appellee Gartland.

Before LOKEN, Chief Judge, EBEL and CLEVENGER, Circuit Judges.

EBEL, Circuit Judge.

On January 18, 2003, at 6:38 a.m., a Cirrus SR-22 aircraft with identification number N9523P crashed near Hill City, Minnesota. The pilot and owner of the aircraft, Gary Prokop, and his passenger, James Kosak, were both killed in the crash. Their trustees, Thomas Gartland and Rick Glorvigen, appointed under the Minnesota wrongful-death statute, brought claims against Cirrus, the airplane manufacturer, alleging, among other things, that Cirrus...

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