prod.liab.rep.(cch)p 11,684 Henry Fortier and Raymond Croteau v. Olin Corporation

BOWNES, Circuit Judge.

This diversity tort action arises out of a hunting accident near Berlin, New Hampshire, on November 2,1977, involving three teenage cousins, Henry Fortier, Raymond Croteau, and Paul Croteau. Paul was walking behind Henry and Raymond carrying a Winchester Model 94.30 caliber rifle. 1 Paul stumbled and fell. The rifle discharged; the bullet passed through Raymond’s left foot and then pierced Henry’s right foot where it lodged.

Henry and Raymond brought suit in state court against defendant-appellee Olin Corporation, the manufacturer of the rifle. Olin removed the case to…