SMITH, Chief Judge.
This is a motion under Rule 12(b), Federal Rules of Civil Procedure, 28 U. S.C.A., to dismiss the action on the ground that the plaintiff has failed to state a claim upon which relief may be granted. Plaintiff's claim is based on an alleged breach of an express warranty in that the safety windshield of the car sold by defendant and warranted to pop out on severe impact failed to do so in a collision, resulting in severe injuries to the head and...
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