Legal Opinion

Burke v. Warner & Swasey Co.

Court of Appeals for the Eighth Circuit

Decided March 2, 1989No. 88-2274PublishedCited by 4 opinions

1Opinion of the Court

HEANEY, Senior Circuit Judge.

Billy J. and Shirley Burke appeal from the district court order granting summary judgment to defendant Badger Construction Equipment Company in the Burkes’ diversity action to recover damages for injuries Billy Burke suffered while operating a crane manufactured by Warner & Swa-sey Company, Badger’s predecessor in interest. We remand.

Burke was injured when the crane in question tipped over on February 15, 1986, while he was working at the Nekoosa Paper Company plant in Arkansas. Warner & Swasey had sold and shipped the crane to a retail distributor on May 31,1978.…

2Cases cited4 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. St. Mary's Health Center of Jefferson City v. Otis R. Bowen, Secretary of Health & Human Services, Arcadia Valley Hospital St. Clare Hospital of Baraboo St. Francis Hospital of Blue Island St. Francis Hospital of Marceline St. Joseph Health Center St. Mary's Health Center St. Mary's Health Center St. Mary's Hospital St. Mary's Medical Center St. Mary's on the Mount Rehabilitation Center v. Otis R. Bowen, Secretary of Health & Human ServicesCourt of Appeals for the Eighth Circuit · 1987

3Cited by4 opinions

  1. Nelson Davis v. James WittCourt of Appeals for the Eighth Circuit · 1996
  2. Burke v. Warner & Swasey CompanyCourt of Appeals for the Eighth Circuit · 1989
  3. Davis v. WittCourt of Appeals for the Eighth Circuit · 1996
  4. Nelson Davis v. James WittCourt of Appeals for the Eighth Circuit · 1996

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