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FINCK v. ALBERS SUPER MARKETS

No. 9380.

136 F.2d 191 (1943)

FINCK v. ALBERS SUPER MARKETS, Inc.

Circuit Court of Appeals, Sixth Circuit.

June 22, 1943.

Attorney(s) appearing for the Case

Morris Weintraub, of Newport, Ky., and Benj. S. Schwartz, of Cincinnati, Ohio, for appellant.

Odis W. Bertelsman, of Newport, Ky., and John C. Dempsey and Walter E. Frickman, both of Cincinnati, Ohio, for appellee.

Before HICKS, HAMILTON, and MARTIN, Circuit Judges.

HAMILTON, Circuit Judge.

Appellant, Raymond Finck, alleged that he was a customer of appellee, the Albers Super Markets, Inc., a retail dealer of food stuffs and soft drinks in Campbell County, Kentucky, and that on February 13, 1937, his wife purchased from appellee for family consumption, a bottle of "Super Brand Lithiated Lemon," a soft drink, and on February 15, 1937, appellant drank a part of the contents of the bottle and discovered that it contained "bugs,...

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