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RUSSELL v. PAY WAY FEED MILLS, INC.

Civ. A. Nos. T-3214, 3215.

221 F.Supp. 314 (1963)

Floyd RUSSELL, Plaintiff, v. PAY WAY FEED MILLS, INC., et al., Defendants. Mrs. Margaret J. RUSSELL, Plaintiff, v. PAY WAY FEED MILLS, INC., et al., Defendants.

United States District Court D. Kansas.

September 4, 1963.

Attorney(s) appearing for the Case

Ernest J. Rice, of Doherty, Rice & Benfer, Topeka, Kan., for plaintiffs.

Donald Patterson, of Fisher, Patterson & Sayler, Topeka, Kan., for defendant Pay Way Feed Mills, Inc.

Keller, Wilbert, Palmer & Botkin, Pittsburg, Kan., and Colmery & Russell, Topeka, Kan., for defendant Roto Broil Corporation of America.

O. B. Eidson, of Lillard, Eidson, Lewis & Porter, Topeka, Kan., for defendants Hearne Christopher, John Collectt, Gus Welch, John Ronan and Lawrence B. Hogan, d/b/a B. C. Christopher & Co.

Charles E. Henshall, Chanute, Kan., for defendant Christopher Co., Ludwell Gaines, III, Leslie Philblad, Phil Keuhn, Robert Wilson, Lowell Listrom, Norman Supper, and Gayle Smith.

Jules V. Doty, of Gleason, Gleason, Doty & Logan, Ottawa, Kan., for defendant R. E. Browning.

TEMPLAR, District Judge.

These two actions were commenced in the District Court of Shawnee County, Kansas, on October 29, 1962. The plaintiffs' petitions alleged that they were residents of Wilson County, Kansas, and that on or about December 23, 1960 the defendants and each of them sold to the plaintiffs an electric fry cooker in its original carton, unopened, which cooker was supplied to the defendants by the Roto Broil Corporation of America. Then they allege in...

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