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JOHNSON v. INTERNATIONAL HARVESTER CO.

Civ. No. A3-79-224.

487 F.Supp. 1176 (1980)

Jean JOHNSON, as Surviving Spouse and Next Friend of the Heirs and Next of Kin of Jerry Dennis Johnson, Deceased, Plaintiff, v. INTERNATIONAL HARVESTER COMPANY and United Truck and Body Company, Defendants.

United States District Court, D. North Dakota, Southeastern Division.

April 9, 1980.

Attorney(s) appearing for the Case

James D. Cahill, Cahill, Gunhus, Grinnell, Jeffries & Klinger, Moorhead, Minn., for plaintiff; Harold A. Halgrimson, Fargo, N. D., of counsel.

Harry J. Pearce, Pearce, Anderson, Thames & Durick, Bismarck, N. D., for International Harvester Co.

Mart R. Vogel, Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd., Fargo, N. D., for United Truck & Body Co.

ORDER

BENSON, Chief Judge.

The above entitled diversity action for wrongful death arises from an incident wherein the plaintiff's decedent was killed when the tractor truck and trailer he was driving left the road and rolled over. Plaintiff asserts that this occurrence was due to the conduct of defendants in the modification of the vehicle, and that defendants are liable under theories of negligence and strict products liability. In addition to compensatory...

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