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FRAUST v. SWIFT AND CO.

Civ. A. No. 84-1344.

610 F.Supp. 711 (1985)

Gary A. FRAUST and Judith L. Fraust and Judith L. Fraust, guardian of the Estate of Isaac J. Fraust, a minor, Plaintiffs, v. SWIFT AND COMPANY, Defendant.

United States District Court, W.D. Pennsylvania.

May 23, 1985.

Attorney(s) appearing for the Case

William S. Schweers, Jr., Harrington & Schweers, Pittsburgh, Pa., John C. Dennison, Dennison & Dennison, Brookville, Pa., for plaintiffs.

Carl E. Harvison, Grigsby, Gaca & Davies, Pittsburgh, Pa., for defendant.

MEMORANDUM OPINION

TEITELBAUM, Chief Judge.

In this products liability action the defendant asks the Court to rule, as a matter of law, that its product is not unreasonably dangerous. The action arises from an incident in which Isaac J. Fraust, then 16 months old, choked while eating Peter Pan Creamy Peanut Butter spread on bread. As a result, Isaac suffered severe brain damage.

It is plaintiffs' theory that the peanut butter supplied by the defendant...

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