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SCHFRANEK v. BENJAMIN MOORE & CO.

54 F.2d 76 (1931)

SCHFRANEK v. BENJAMIN MOORE & CO.

District Court, S. D. New York.

January 13, 1931.

Attorney(s) appearing for the Case

Shaffer & Pierson, of New York City (Jacob H. Shaffer and Martin Roob, both of New York City, of counsel), for the motion.

Harry A. Gair, of New York City, opposed.

WOOLSEY, District Judge.

The motion to dismiss the complaint is granted.

I do not give any leave to amend because owing to the inherent situation an amendment would be futile.

I. This extremely interesting motion involves a question which in one form or another has often been before the courts; namely the liability of a manufacturer of a commodity or a machine to an ultimate user thereof who has purchased the...

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