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KIRSCHNIK v. PEPSI-COLA METROPOLITAN BOTTLING CO.

No. 79-C-137.

478 F.Supp. 842 (1979)

Carlotta J. KIRSCHNIK and James L. Kirschnik, Plaintiffs, v. PEPSI-COLA METROPOLITAN BOTTLING COMPANY, INC., a Foreign Corporation, and Pepsico, Inc., a Foreign Corporation, Defendants.

United States District Court, E. D. Wisconsin.

October 29, 1979.

Attorney(s) appearing for the Case

Proctor D. Robison, Frisch, Dudek & Slattery, Milwaukee, Wis., for plaintiffs.

Craig W. Nelson, Law Offices of Ronald L. Piette, Milwaukee, Wis., for defendants.

MEMORANDUM AND ORDER

WARREN, District Judge.

Plaintiffs in this products liability personal injury action seek compensatory and punitive damages for an injury allegedly sustained in opening a soda bottle. The complaint pleads separate claims for relief on the basis of negligence, strict liability, common law fraud and willful, wanton conduct.

Pursuant to Rule 12(b)(6) and (f) of the Federal Rules of Civil Procedure, the defendants Pepsi-Cola Metropolitan...

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