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United States Eighth Circuit


Menz v. New Holland N. Am., Inc., 05-1739

A sanction order dismissing a product liability suit involving injuries arising out of a tractor roll-over accident is reversed where the district court abused its discretion in dismissing the action for spoliation of evidence without first determining whether a plaintiff acted in bad faith.

Appellate Information

  • Decided 03/16/2006
  • Published 03/16/2006

Judges

  • BYE, Circuit Judge., Before BYE, HEANEY, and COLLOTON, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Counsel who presented argument on behalf of the appellant was J. Michael Ponder of Cape Girardeau, MO.

  • For Appellees:
  • Counsel who presented argument on behalf of the appellee was John E. Galvin of St. Louis, MO. Donald J. Ohl of Edwardsville, IL appeared on the brief.
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