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LINDEN v. CNH AMERICA, LLC

No. 11-1984.

673 F.3d 829 (2012)

Thomas Lowell LINDEN, Jr., Plaintiff-Appellant, v. CNH AMERICA, LLC, doing business as Case Construction Equipment, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 14, 2012.

Attorney(s) appearing for the Case

Michael J. Warshauer , argued, Atlanta, GA, Thomas L. Staack and Chad A. Swanson , on the brief, Waterloo, IA, for appellant.

Daniel Allen Haws , argued, St. Paul, MN, John M. Bickel , Cedar Rapids, IA, John Paul Joseph Gatto , Murnane Brandt, St. Paul, MN, on the brief, for appellee.

Before LOKEN, BRIGHT, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Plaintiff Thomas Lowell Linden, Jr., filed a products liability action against Defendant CNH America, LLC (CNH), based on injuries Linden sustained while operating a CNH-manufactured bulldozer, and a jury returned a verdict in favor of CNH. Linden now appeals, arguing the district court1 committed reversible error by granting a directed verdict to CNH on his manufacturing defect claim, in its choice of jury instructions...

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