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LOBATO v. PAY LESS DRUG STORES

No. 5870.

261 F.2d 406 (1958)

Louis LOBATO, Appellant, v. PAY LESS DRUG STORES, Inc., a corporation; Abe B. Cohen, James L. Grady, Charles Finke, and Burt Rosenburg, Appellees.

United States Court of Appeals Tenth Circuit.

November 17, 1958.

Attorney(s) appearing for the Case

Avelino V. Gutierrez, Albuquerque, N. M. (R. J. Matteucci, Albuquerque, N. M., was with him on the brief), for appellant.

John B. Tittmann, Albuquerque, N. M. (W. A. Keleher and A. H. McLeod, Albuquerque, N. M., were with him on the brief), for appellees, Pay Less Drug Stores, Inc. and Burt Rosenburg.

Peter Gallagher and Dale B. Walker, Albuquerque, N. M., were on the brief for appellees, Abe B. Cohen, James L. Grady and Charles Finke.

Before BRATTON, Chief Judge, and HUXMAN and LEWIS, Circuit Judges.

BRATTON, Chief Judge.

Louis Lobato instituted this action in the District Court of Valencia County, New Mexico, against Pay Less Drug Stores, Inc., a corporation, Abe B. Cohen, James L. Grady, Charles Finke, and Burt Rosenburg, to recover damages for personal injury. The complaint was in two causes of action. Negligence was pleaded in the first cause of action and breach of implied warranty in the second. It was alleged in the first cause of action that plaintiff...

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