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DIESBOURG v. HAZEL-ATLAS GLASS CO.

No. 9849.

176 F.2d 410 (1949)

DIESBOURG v. HAZEL-ATLAS GLASS CO.

United States Court of Appeals Third Circuit.

Decided May 25, 1949.

As Amended June 13, 1949.

Attorney(s) appearing for the Case

Harold Scott Baile, Philadelphia, Pa. (Pepper, Bodine, Stokes & Hamilton, Philadelphia, Pa., on the brief), for appellant.

Joseph Head, Jr., Philadelphia, Pa. (John B. Martin, Philadelphia, Pa., Duane, Morris & Heckscher, Philadelphia, Pa., on the brief), for appellee.

Before MARIS, GOODRICH and McLAUGHLIN, Circuit Judges.

GOODRICH, Circuit Judge.

This is an appeal by the defendant from a judgment in favor of the plaintiff in a personal injury case. Plaintiff, the proprietor of a filling station in Florida, was injured when he endeavored to remove the cap from a bottle containing some cleaning fluid which he was about to use in the course of his business. The bottle had been made by the defendant in Ohio and shipped to a manufacturing concern in New Jersey. There it was filled with...

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