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United States Eighth Circuit


BERGFELD v. UNIMIN CORP., 02-2114

A product liability claim concerning injuries from inhaling silica sand was not actionable under Iowa law, as plaintiffs' employer was a sophisticated user of the sand, and defendant therefore had no duty to warn the employer of the risks posed by excessive exposure.

Appellate Information

  • Decided 02/11/2003
  • Published 02/11/2003

Judges

  • WOLLMAN, Circuit Judge., Before WOLLMAN, LAY, and MAGILL, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Michael B. Martin, argued, Houston, TX (Todd Locher, Farley, IA, on the brief), for appellant.

  • For Appellees:
  • Francis A. Citera, argued, Chicago, IL (Ruth A. Bahe-Jachna, Chicago, IL, Lisa Harris, Orlando, FL and Larry J. Thorson, Cedar Rapids, IA, on the brief), for appellee.
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