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SEERATY v. PHILADELPHIA COCA-COLA BOTTLING CO.

No. 10726.

198 F.2d 264 (1952)

SEERATY v. PHILADELPHIA COCA-COLA BOTTLING CO., Inc.

United States Court of Appeals Third Circuit.

Decided July 18, 1952.

Attorney(s) appearing for the Case

Isadore H. Bellis, Philadelphia, Pa. (Herbert F. Kolsby, Robert M. Bernstein, Philadelphia, Pa., on the brief), for appellant.

Thomas E. Comber, Jr., Philadelphia, Pa. (Augustus S. Ballard, Philadelphia Pa., Pepper, Bodine, Stokes & Hamilton, Philadelphia, Pa, on the brief), for appellee.

Before MARIS, McLAUGHLIN and HASTIE, Circuit Judges.

McLAUGHLIN, Circuit Judge.

In a negligence action for personal injuries there was a jury verdict below in favor of the defendant. Plaintiff appeals from the judgment entered thereon. Pennsylvania law governs this diversity of citizenship case.

On August 28, 1948, plaintiff was one of the owners of a Philadelphia drug store and active in its operation. Among other equipment in the store there was a cooler for bottled soft drinks. This contained Coca-Cola and...

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