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HARRIS BY AND THROUGH HARRIS v. FORD MOTOR CO.

No. 94-56527.

110 F.3d 1410 (1997)

Jennifer R. HARRIS, by and through her guardian ad litem, Lucian J. HARRIS, III, Plaintiff-Appellee, v. FORD MOTOR COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn August 30, 1996.

Resubmitted October 1, 1996.

Decided April 8, 1997.

Attorney(s) appearing for the Case

Malcolm E. Wheeler, Parcel, Mauro, Hultin & Spaanstra, P.C., Denver, Colorado, for defendant-appellant.

Stuart B. Esner, Esner, Zakheim & Higa, Santa Monica, California, for plaintiff-appellee.

Before: O'SCANNLAIN and TROTT, Circuit Judges, VAN SICKLE, District Judge.

O'SCANNLAIN, Circuit Judge:

We must decide whether federal law preempts a state law product liability claim against an automobile manufacturer for failure to install a driver side airbag.

I

On August 10, 1992, while driving a rented 1992 Mercury Topaz in New York, Jennifer Harris, a sixteen year old California citizen, lost control of the vehicle, smashed into a tree, and was seriously injured.

Harris filed a complaint against Ford Motor...

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