Jacobson v. Colorado Fuel And Iron Corporation

409 F.2d 1263 Mildred J. JACOBSON, Basil D. Jacobson, by Mildred J. Jacobson, his next friend, and Priscilla J. Jacobson, by Mildred J. Jacobson, her next friend, Appellants, v. COLORADO FUEL AND IRON CORPORATION, a corporation, Appellee. No. 22322. United States Court of Appeals Ninth Circuit. March 26, 1969. 1 Cresap S. McCracken (argued), and Douglas C. Allen (argued), of Church, Harris, Johnson & Williams, Great Falls, Mont., for appellants. 2 Joseph R. Marra (argued), of Angland & Marra, Great Falls, Mont., for appellee. 3 Before KOELSCH and HUFSTEDLER, Circuit Judges, and HAUK, * District Judge. HAUK, District Judge: 4 This appeal arises in a wrongful death action based upon claimed "products liability" of a manufacturer-supplier of steel strand which was being used in a concrete prestressing operation by decedent's employer, the purchaser of the strand, when it snapped and caused the death of the decedent who was foreman of the project. 5 The District Court, with jurisdiction by reason of diversity of citizenship and amount in controversy ( 28 U.S.C. § 1332 (a) (1), (c)), 1 tried the case without a jury, and with detailed findings of fact and conclusions of law…