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WHEELER v. JOHN DEERE CO.

Nos. 90-3080, 90-3120.

935 F.2d 1090 (1991)

Stephen Brent WHEELER, Plaintiff-Appellant and Cross-Appellee, v. JOHN DEERE COMPANY, a Delaware Corporation, Defendant-Appellee and Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 17, 1991.

Attorney(s) appearing for the Case

Jefferson D. Sellers (Jack B. Sellers, with him on the brief), of Jack B Sellers Law Associates, Inc., Sapulpa, Okl., for plaintiff-appellant/cross-appellee.

Eric J. Magnuson (and Richard J. Nygard of Rider, Bennett, Egan & Arundel, Minneapolis, Minn. and Paul S. McCausland, Young, Bogle, McCausland, Wells & Clark, Wichita, Kan., with him on the brief), for defendant-appellee/cross-appellant.

Before MOORE and BALDOCK, Circuit Judges and ANDERSON, District Judge.

Rehearing Denied in No. 90-3080 June 17, 1991.

BALDOCK, Circuit Judge.

Plaintiff-appellant and cross-appellee Stephen Brent Wheeler (Wheeler) lost his right arm while servicing a John Deere Titan series model 7720 combine. He brought this diversity case against the combine manufacturer, defendant-appellee and cross-appellant John Deere Company (Deere), on a strict products liability theory, alleging that the combine was unreasonably dangerous and that any...

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