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KYLE v. SWIFT & COMPANY

No. 7067.

229 F.2d 887 (1956)

Yeager Neil KYLE, Appellant, v. SWIFT & COMPANY, a corporation, and The Great Atlantic and Pacific Tea Company, a corporation, Appellees.

United States Court of Appeals Fourth Circuit.

Decided February 7, 1956.

Attorney(s) appearing for the Case

Bonn Brown, Elkins, W. Va., for appellant.

Keith Cunningham, Elkins, W. Va., for appellee Great Atlantic & Pacific Tea Co.

Jacob S. Hyer, Elkins, W. Va. (Milford L. Gibson, Elkins, W. Va., on the brief), for appellee Swift & Co.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PARKER, Chief Judge.

This is an appeal from a judgment on a directed verdict for defendants in an action to recover damages on account of food poisoning. Plaintiff, a resident of Elkins, West Virginia, contends that he and the members of his family were rendered ill as the result of eating food which had been processed by the defendant Swift & Company and which had been purchased by him from the Great Atlantic & Pacific Tea Company at Elkins. The trial judge...

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