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BRUSKAS v. RAILWAY EXPRESS AGENCY

No. 3688.

172 F.2d 915 (1949)

BRUSKAS et al. v. RAILWAY EXPRESS AGENCY, Inc.

United States Court of Appeals Tenth Circuit.

February 7, 1949.

Attorney(s) appearing for the Case

W. T. O'Sullivan, of Albuquerque, N. M., for appellants.

Earl Iden, of Albuquerque, N. M. (James T. Paulantis, of Albuquerque, N. M., on the brief), for appellee.

Before PHILLIPS, Chief Judge, and BRATTON and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

James Bruskas, a minor, by Peter D. Bruskas, his father and next friend, and Peter D. Bruskas, individually, brought this suit against the Railway Express Agency, for damages sustained when a firework, known as a "whistling grenade" exploded in the hand of the minor James Bruskas, allegedly caused by the Express Agency's negligence in delivering fireworks to a thirteen year old consignee. Jurisdiction is based upon diversity of citizenship and...

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