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LEWIS v. U. S. SLICING MACHINE COMPANY

Civ. A. No. 69-676.

311 F.Supp. 139 (1970)

Delmar H. LEWIS, a minor, by Howard Lewis and Florence Lewis, his natural guardians, and Howard Lewis and Florence Lewis, in their own right, Plaintiff, v. U.S. SLICING MACHINE COMPANY, Inc., Defendant and Third Party Plaintiff, v. ISALY DAIRY COMPANY OF PENNSYLVANIA, a corporation, Third Party Defendant.

United States District Court, W. D. Pennsylvania.

March 31, 1970.

Attorney(s) appearing for the Case

Moschetta & Moschetta, Washington, Pa., for plaintiff.

Herbert Grigsby, for defendant.

Clem R. Kyle, Pittsburgh, Pa., for third party defendant.

OPINION

GOURLEY, Senior District Judge.

This is a diversity action based on ordinary negligence, implied warranties of merchantability and fitness.

On or about June 30, 1967, the minor plaintiff is alleged to have injured himself while cleaning a meat slicer alleged to have been manufactured by the defendant. It is further stated that the minor plaintiff was employed by the Isaly Company and in the course of his employment at the time of the accident...

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