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LEE v. SEARS ROEBUCK & CO.

Civ. A. No. 4399.

262 F.Supp. 232 (1966)

Belle LEE v. SEARS ROEBUCK & CO. et al.

United States District Court E. D. Tennessee, S. D.

October 5, 1966.

Attorney(s) appearing for the Case

Milligan, Hooper & Harris, Chattanooga, Tenn., for plaintiff.

Bishop, Thomas, Leitner, Mann & Milburn, Chattanooga, Tenn., for Sears Roebuck & Co.

Joseph E. Roberts, Chattanooga, Tenn., for W. R. Newman.

Goins, Gammon, Baker & Robinson, Chattanooga, Tenn., for A. O. Smith Corp. (also Third-Party Plaintiff).

Campbell & Campbell, Chattanooga, Tenn., for Therm-O-Disc, Inc. (Third-Party Defendant).

OPINION

FRANK W. WILSON, District Judge.

This case is before the Court upon the motion of defendant A. O. Smith Corporation for partial summary judgment in its favor upon "all allegations or theories of the plaintiff which purport to be based upon any grounds except * * * negligence."

The allegations of the complaint relating particularly to defendant A. O. Smith Corporation appear in paragraph IV thereof and are as follows:

"The new electric...

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