prod.liab.rep.(cch)p 11,231 Earl R. Leonard v. Aluminum Company of America, Defendant-Third Party v. Temple Dr. Pepper Bottling Co., Inc., Third Party

OPINION

JERRE S. WILLIAMS, Circuit Judge:

The motion for rehearing is GRANTED. In our previous opinion in this case, 767 F.2d 134 (5th Cir.1985), we reversed the district court’s judgment against the Aluminum Company of America [ALCOA] for failure to warn the consumer, the plaintiffappellee, of the danger that a bottler might improperly crimp and seal the aluminum cap on a Dr. Pepper bottle, and, consequently, that carbonation might cause the cap to fly off the bottle. We based this decision on the rule laid down by the Texas Court of Appeals in Alm v. Aluminum Co. of America, 687 S.W.2d 374…