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SOCHANSKI v. SEARS, ROEBUCK AND CO.

No. 79-1963.

621 F.2d 67 (1980)

SOCHANSKI, Stanley J., Appellant, v. SEARS, ROEBUCK AND CO. et al., The Goodyear Tire & Rubber Co. v. John F. SOLOMON, Jr., Palmer Tire Company, Geneva Metal Wheels Co.

United States Court of Appeals, Third Circuit.

Decided May 2, 1980.

Attorney(s) appearing for the Case

August J. Lacko, Lyons & Lacko, Philadelphia, Pa., for appellant.

John J. O'Brien, Jr., O'Brien & O'Brien Associates, Philadelphia, Pa., for appellee.

Before HUNTER, HIGGINBOTHAM and SLOVITER, Circuit Judges.

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

Stanley Sochanski brought suit in the federal district court under diversity jurisdiction alleging that he had been injured while repairing a defective tire of a garden cart sold by Sears, Roebuck & Co. (Sears). A jury awarded damages to Sochanski but the district court granted a motion for judgment n.o.v. stating that Sochanski had not met the burden of proof which Pennsylvania law required...

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