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SMITH v. FMC CORP.

Nos. 82-2047, 82-2051.

754 F.2d 873 (1985)

Carla Kay SMITH, widow of Allen Harold Smith, Deceased, Plaintiff-Appellant, and Brenda June Ferguson, widow of Larry Kent Hayes, Deceased, Plaintiff-Appellant, v. FMC CORPORATION, a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 23, 1985.

Attorney(s) appearing for the Case

John W. Norman, Oklahoma City, Okl. (Thomas A. Wallace of Wallace & Isaacs, Oklahoma City, Okl., and Jack Sellers of Sapulpa, Okl., with him on briefs) of John W. Norman, Incorporated, Oklahoma City, Okl., for plaintiffs-appellants.

Ben L. Burdick and Jim K. Goodman, Oklahoma City, Okl. (Anton J. Rupert, Oklahoma City, Okl., with them on brief) of Crowe & Dunlevy, Oklahoma City, Okl., for defendant-appellee.

Before BARRETT and SETH, Circuit Judges, and BURCIAGA, District Judge.

BARRETT, Circuit Judge.

Carla Kay Smith (Smith) and Brenda June Ferguson (Ferguson), appellants, seek review of an adverse judgment entered in favor of FMC after a jury trial. Smith and Ferguson's identical actions for damages for the wrongful deaths of their husbands were consolidated for trial by the district court. The relevant facts are not in dispute.

On June 13, 1979, appellants' husbands, Alan Smith and Larry Hayes, were employed as iron workers for...

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