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ZAHRTE v. STURM, RUGER & CO.

No. CV-78-19-Bu.

498 F.Supp. 389 (1980)

Tim A. ZAHRTE, Plaintiff, v. STURM, RUGER & COMPANY, Defendant.

United States District Court, D. Montana, Butte Division.

August 22, 1980.

Attorney(s) appearing for the Case

Michael Milodragovich, Milodragovich, Dale & Dye, P.C., Missoula, Mont., Whiting & Rosie, Fairbanks, Alaska, for plaintiff.

Robert A. Poore, Poore, Roth, Robischon & Robinson, Butte, Mont., James P. Dorr and Ann G. Kimball, Wildman, Harrold, Allen & Dixon, Chicago, Ill., Stephen L. Sanetti, Marsh, Day & Calhoun, Bridgeport, Conn., for defendant.

MEMORANDUM and ORDER

WILLIAM D. MURRAY, Senior District Judge.

INTRODUCTION.

This is a strict liability action brought against Sturm Ruger & Company, Inc., a manufacturer of firearms. Trial of the action consumed three weeks. The jury, answering questions on a special verdict form, found that the plaintiff assumed the risk of his injury. Plaintiff now moves for new trial and judgment notwithstanding the verdict, raising three specifications...

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