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SHUTTLEWORTH v. CROWN CAN CO.

No. 9334.

165 F.2d 974 (1948)

SHUTTLEWORTH v. CROWN CAN CO.

Circuit Court of Appeals, Seventh Circuit.

January 28, 1948.

Attorney(s) appearing for the Case

H. K. Bachelder, Wm. C. Bachelder and Eugene Fife, Jr., all of Indianapolis, Ind., for appellant.

James R. Newkirk and William G. Keane, both of Fort Wayne, Ind., Hershey, Donaldson, Williams & Stanley, of Baltimore, Md., and Newkirk & Keane, of Fort Wayne, Ind., for appellee.

Before SPARKS, MAJOR, and KERNER, Circuit Judges.

KERNER, Circuit Judge.

Plaintiff sued defendant to recover damages claimed to have been sustained as the result of defendant's negligence in furnishing plaintiff with a closing machine unfit for the purpose of closing cans after the cans had been filled with tomatoes and in negligently furnishing incompetent mechanics to service the machine. Defendant filed an answer denying negligence in furnishing the machine and denying that its service men were incompetent. Defendant...

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