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DIXON v. INTERNATIONAL HARVESTER CO.

No. 83-4364.

754 F.2d 573 (1985)

Mary Lou Clark DIXON, Administratrix of the Estate of Charlie Dixon and Mary Lou Clark Dixon, Individually, Plaintiff-Appellant Cross-Appellee, International Paper Company, a foreign corporation, Intervenor-Appellant Cross-Appellee, v. INTERNATIONAL HARVESTER COMPANY, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 18, 1985.

Attorney(s) appearing for the Case

Maples & Lomax, F. Gerald Maples, Pascagoula, Miss., for Dixon.

Aultman & Aultman, James D. Johnson, Louie F. Ruffin, Hattiesburg, Miss., Ransom P. Jones, III, Pascagoula, Miss., for Intern. Paper.

Heidelberg, Woodliff & Franks, W. Swan Yerger, David W. Dogan, III, Jackson, Miss., for Intern. Harvester.

Before WISDOM, RANDALL and JOLLY, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 18, 1985.

E. GRADY JOLLY, Circuit Judge:

In this Mississippi products liability diversity action the plaintiff was injured by a pine sapling that entered the cab of the crawler tractor he was driving. He brought suit against the tractor manufacturer alleging defective design under strict liability principles, and negligent design. After trial, the jury returned a verdict...

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