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United States Tenth Circuit


Durham v. Herbert Olbrich GMBH & Co., 03-6157

In a products liability suit, defendant-machinery manufacturer is not qualified for protection under Oklahoma's ten-year statute of repose, which limits liability for entities involved in the design of improvements to real property, where its production-line machinery is not an "improvement to real property."

Appellate Information

  • Decided 04/20/2005
  • Published 04/20/2005

Judges

  • TYMKOVICH, Circuit Judge., Before LUCERO, McKAY, and TYMKOVICH, Circuit Judges.

Court

  • United States Tenth Circuit

Counsel

  • For Appellant:
  • Micky Walsh, Beeler, Walsh & Walsh, Oklahoma City, OK, and Joe E. White, Jr. and Charles C. Weddle III, White Law Firm, P.C., Oklahoma City, OK, for Plaintiff-Appellant.

  • For Appellees:
  • Derrick Teague and Rodney L. Cook, Jennings Cook & Hoisington, Oklahoma City, OK, for Defendant-Appellee.
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