SMITH, Chief Judge.
The plaintiff, William H. Zimmerer, brought this action on February 15, 1954, to recover in tort for injuries incurred through contracting berylliosis by inhaling beryllium dust from broken fluorescent light tubes which were manufactured by the defendants and sold to the plaintiff's employer, Russell Manufacturing Company. Russell is a joint plaintiff, having paid Zimmerer workmen's compensation.
Zimmerer was first employed at Russell's...
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