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McKAY v. UPSON-WALTON COMPANY

No. 13886.

317 F.2d 826 (1963)

Margaret Rita McKAY, administrator of the Estate of Willis McKay, Deceased, etc., Plaintiff-Appellant, v. UPSON-WALTON COMPANY, an Ohio corporation, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

May 15, 1963.

Attorney(s) appearing for the Case

Maurice James Moriarty, Chicago, Ill., for appellant.

John C. McKenzie, Francis D. Morrissey, Baker, McKenzie & Hightower, Chicago, Ill., for defendant-appellee, Michel A. Coccia, Philip J. McGuire, Chicago, Ill., of counsel.

Before HASTINGS, Chief Judge, and CASTLE and SWYGERT, Circuit Judges.

CASTLE, Circuit Judge.

Margaret Rita McKay, administrator of the Estate of Willis McKay, Deceased, plaintiff-appellant, brought this diversity action in the District Court against Upson-Walton Company, defendant-appellee, to recover damages for fatal injuries sustained by plaintiff's intestate. Liability of the defendant was predicated upon allegations of its negligence in the design and manufacture of a tackle block and hook.

On July 3, 1958, a crew from...

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