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HELMER v. GOODYEAR TIRE & RUBBER CO.

No. 15-1214.

828 F.3d 1195 (2016)

David HELMER; Felicia Muftic; Felicia Muftic as personal representative of the Estate of Michael Muftic, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. GOODYEAR TIRE & RUBBER CO., an Ohio corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 12, 2016.

Attorney(s) appearing for the Case

Rick D. Bailey , Burg Simpson Eldredge Hersh & Jardine, Englewood, Colorado ( Diane Vaksdal Smith , David K. TeSelle , and Seth A. Katz , Burg Simpson Eldredge Hersh & Jardine, Englewood, Colorado, Gary E. Mason , Whitfield Bryson & Mason LLP, Washington D.C., Michael Flannery , and Katherine Van Dyck , Cuneo Gilbert & Laduca LLP, St. Louis, Missouri, and Washington D.C., with him on the briefs), for Plaintiffs-Appellants.

David L. Lenyo , Garfield & Hecht, P.C., Aspen, Colorado ( L. Michael Brooks, Jr. , Wells, Anderson & Race, LLC, Denver, Colorado, Chad J. Schmit , Garfield & Hecht, P.C., Aspen, Colorado, Roger P. Thomasch , and David M. Strauss , Ballard Spahr LLP, Denver, Colorado, with him on the brief), for Defendant-Appellee.

Before KELLY, McKAY, and LUCERO, Circuit Judges.

Plaintiffs David Helmer and Felicia Muftic1 represent a certified class of homeowners who contend a radiant-heating hose, the Entran 3, manufactured by Goodyear Tire & Rubber Company ("Goodyear") suffered design defects leading to cracks and leaks. At trial, Goodyear argued the leaks were caused...

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