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ARNAUD'S RESTAURANT v. COTTER

No. 14658.

212 F.2d 883 (1954)

ARNAUD'S RESTAURANT, Inc., et al. v. COTTER.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 16, 1954.

Attorney(s) appearing for the Case

Henry Jacobs, Harry Nowalsky, A. Miles Coe, Richard B. Montgomery, Jr., and Cicero C. Sessions, New Orleans, La., for appellants.

A. J. Waechter, Jr., and Michael J. Molony, Jr., New Orleans, La. (Jones, Walker & Waechter, New Orleans, La., of counsel), for appellee.

Before BORAH and RUSSELL, Circuit Judges, and DAWKINS, District Judge.

RUSSELL, Circuit Judge.

The amended complaint alleged in substance that the plaintiff went to Arnaud's Restaurant in New Orleans, Louisiana, and was there served an order of pompano en papilotte which, by reason of the negligence of the latter, contained a large, solid piece of crab shell which was a substance foreign to that dish; also that Arnaud's represented to the public that the food served was fit and proper for human consumption; that the plaintiff swallowed...

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