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FULLMER v. SLOAN'S SPORTING GOODS CO.

No. 65 Civ. 1985.

277 F.Supp. 995 (1967)

Roland FULLMER, Plaintiff, v. SLOAN'S SPORTING GOODS CO., Inc., Defendant.

United States District Court S. D. New York.

December 29, 1967.

Attorney(s) appearing for the Case

Fuchsberg & Fuchsberg, New York City, for plaintiff; Richard E. Shandell, New York City, of counsel.

Herbert Dicker, New York City, for defendant; E. Richard Rimmels, Jr., Garden City, N. Y., of counsel.

MEMORANDUM

BONSAL, District Judge.

On June 29, 1965, plaintiff, a citizen of Idaho, commenced this diversity action against defendant, a New York corporation, for negligence and breach of warranty. The complaint alleges that on July 1, 1962 plaintiff was injured when shells and ammunition sold and distributed by defendant exploded in his face while he was using them for the purposes for which they were intended.

Defendant moves, pursuant to Rule...

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