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CALIFF v. COCA-COLA COMPANY

No. 69 C 2314.

326 F.Supp. 540 (1971)

Lisa CALIFF, a minor, by Elizabeth Califf, her mother and next friend, Plaintiff, v. The COCA-COLA COMPANY, a corporation, Defendant. The COCA-COLA COMPANY, a corporation, Third-Party Plaintiff, v. OWENS ILLINOIS GLASS COMPANY, a foreign corporation, Third-Party Defendant.

United States District Court, N. D. Illinois, E. D.

April 29, 1971.

Attorney(s) appearing for the Case

Frank L. Mackey, Chicago, Ill., for plaintiff.

Dennis J. Horan, Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Chicago, Ill., for defendant and counter-plaintiff.

Joseph P. Carr, Gardner, Carton, Douglas, Chilgren & Waud, Chicago, Ill., for third-party defendant.

MEMORANDUM OPINION

Motions for Summary Judgment

MAROVITZ, District Judge.

This is a product liability tort action arising out of the explosion of a soft drink bottle which injured the minor plaintiff's eye. Jurisdiction is based on diversity, 28 U.S.C. § 1332.

The bottle in question was a bottle of Coca-Cola, a well known carbonated beverage. Plaintiff alleges that defendant, the Coca-Cola Company (CCC), manufactured and sold the relevant...

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