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AMDAL v. F. W. WOOLWORTH CO.

Civ. No. 333.

84 F.Supp. 657 (1949)

AMDAL v. F. W. WOOLWORTH CO.

United States District Court N. D. Iowa, Cedar Rapids Division.

July 26, 1949.

Attorney(s) appearing for the Case

R. S. Milner, of Cedar Rapids, Iowa, for plaintiff.

William M. Dallas (of Donnelly, Lynch, Lynch & Dallas), of Cedar Rapids, Iowa, for defendant.

GRAVEN, District Judge.

Ruling on motion to strike involving question of implied warranty of fitness in connection with food served by a restaurateur. In this case jurisdiction is based upon diversity of citizenship and the Iowa law is applicable under the rule of Erie R. Co. v. Tompkins, 1938, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, 114 A.L.R. 1487.

In this case the plaintiff in her complaint alleges that on or about May...

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