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EASTERLY v. ADVANCE STORES CO., INC.

No. CIV-2-76-10.

432 F.Supp. 7 (1976)

Calvin Curtis EASTERLY, etc., Plaintiff, v. ADVANCE STORES COMPANY, INC., Defendant.

United States District Court, E. D. Tennessee, Northeastern Division.

Ruling on Disputed Evidence April 15, 1977.

Attorney(s) appearing for the Case

Robert L. Randal, Jr., Greeneville, Tenn., and Charles R. Terry, Morristown, Tenn., for plaintiff.

G. P. Gaby, and Thomas L. Kilday, Milligan, Coleman, Fletcher & Gaby, Greeneville, Tenn., for defendant.

NEESE, District Judge.

This is a diversity action for damages for personal injuries to a 12-year-old child. 28 U.S.C. § 1332(a)(1), (c). Inter alia, the plaintiff claims that the manager of the defendant's retail store negligently sold a 9-year-old companion of such child a product which bore the warning: "Keep away from children."

The defendant moved for a dismissal for the failure of the plaintiff to state a claim on which relief can be granted...

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