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HARFORD v. SMITH

Civ. A. No. 1587-W.

257 F.Supp. 578 (1966)

Paulette J. HARFORD and Oris Harford, Plaintiffs, v. Gilbert P. SMITH, and Kathryn A. Smith, Defendants. Gilbert P. SMITH, and Kathryn A. Smith, Third-Party Plaintiffs, v. BUYRITE MERCHANDISING COMPANY, a corporation, doing business as the Gas House-Home Gas Equipment Company, Third-Party Defendant.

United States District Court N. D. West Virginia.

August 19, 1966.

Attorney(s) appearing for the Case

Carl B. Galbraith, Wheeling, W. Va., for plaintiffs.

Richard H. Talbott, Jr., Elkins, W. Va., for third-party plaintiffs.

Richard H. Talbott, Jr., Elkins, W. Va., for defendants.

L. Baker Fowler, Elkins, W. Va., for third-party defendants.

MAXWELL, Chief Judge.

Paulette J. Harford and Oris Harford first instituted this civil action against Gilbert P. Smith and Kathryn A. Smith, alleging personal injuries to Paulette J. Harford when a bottled gas cooking stove exploded at a Davis, West Virginia, motel owned by the Smiths, who had rented facilities to the Harfords. This original complaint alleged negligence and breach of warranty.

Thereafter, the Smiths filed a thirdparty complaint against Buyrite...

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