051739P.pdf   03/16/2006  Steven Menz  v.  New Holland N. A.
   U.S. Court of Appeals Case No:  05-1739
   Eastern District of Missouri   
   [PUBLISHED] [Bye, Author, with Heaney and Colloton, Circuit Judges]
   Civil case - torts. Under Missouri law, a repairer's duty to warn does
   not include a duty to warn of general dangers unrelated to the specific
   repair work performed, and plaintiffs could not rely on a duty-to-warn-of-
   general-dangers claim against the repairer in order to avoid a finding that
   the repairer had been fraudulently joined for the purpose of destroying
   diversity jurisdiction; district court did not err in denying the motion to
   remand to state court; the district court erred in dismissing the law suit as
   a sanction for spoilation of evidence without first finding plaintiff had
   acted in bad faith.