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SIEROCINSKI v. E. I. DU PONT DE NEMOURS & CO.

No. 6998.

103 F.2d 843 (1939)

SIEROCINSKI v. E. I. DU PONT DE NEMOURS & CO.

Circuit Court of Appeals, Third Circuit.

April 24, 1939.

Attorney(s) appearing for the Case

Robert C. Fable, Jr., and Raymond A. White, Jr., both of Philadelphia, Pa., for appellant.

C. Brewster Rhoads, Laurence H. Eldredge, Samuel Fessenden, and Montgomery & McCracken, all of Philadelphia, Pa., and Abel Klaw, of Wilmington, Del., (Peter B. Collins, of Wilmington, Del., of counsel), for appellee.

Before MARIS, BIDDLE, and BUFFINGTON, Circuit Judges.

BIDDLE, Circuit Judge.

The plaintiff's "statement of claim" (complaint), amended under an order of court granting defendant's motion for a more definite statement under Rule 12(e), Rules of Civil Procedure for District Courts, 28 U.S.C.A. following section 723c, alleged that he was injured by the premature explosion of a dynamite cap. Specifically the plaintiff claimed as negligent acts the manufacturing and distributing of the cap "in such a fashion that it was unable...

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