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McHONE v. MONTGOMERY WARD & CO.

No. 7327.

406 F.Supp. 484 (1975)

Ronald L. McHONE, Plaintiff, v. MONTGOMERY WARD & COMPANY, Defendant and Third-Party Plaintiff, v. HAUGHTON-PEELE CORPORATION, Third-Party Defendant.

United States District Court, S. D. Ohio, W. D.

September 16, 1975.

Attorney(s) appearing for the Case

Ralph F. Mitchell, Rendigs, Fry, Kiely & Dennis, Cincinnati, Ohio, for third party defendant Haughton-Peele.

Jack D. Young, Kimble, Schapiro, Stevens, Harcha & Young, Portsmouth, Ohio, Edward K. Halaby, Cincinnati, Ohio, for defendant Montgomery Ward.

OPINION

DAVID S. PORTER, District Judge.

This is a diversity action in which plaintiff Ronald McHone, a minor (who was two years of age at the time pertinent herein), seeks damages for personal injuries suffered on an escalator in defendant Montgomery Ward & Company's store in Portsmouth, Ohio. Ronald's father, Horace McHone, has already sued Montgomery Ward and the escalator manufacturer, Haughton-Peele Corporation, in state court (Scioto County Court...

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