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RAY v. J. C. PENNEY COMPANY

No. 6219.

274 F.2d 519 (1959)

Mrs. Ferol RAY, Appellant, v. J. C. PENNEY COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

December 30, 1959.

Attorney(s) appearing for the Case

R. R. Mitchell, Dodge City, Kan. (W. C. Gould, Don C. Smith, Dodge City, Kan., and Bernie D. Frigon, Cimarron, Kan., were with him on the brief), for appellant.

H. E. Jones and William P. Thompson, Wichita, Kan. (A. W. Hershberger, Richard Jones and Jerome E. Jones, Wichita, Kan., were with them on the brief), for appellee.

Before HUXMAN, PICKETT and LEWIS, Circuit Judges.

HUXMAN, Circuit Judge.

This was an action in which the plaintiff, Mrs. Ferol Ray, sought damages from J. C. Penney Company because of injuries she suffered from wearing a pair of gloves she purchased from a J. C. Penney Store. The complaint alleged that, "The gloves sold plaintiff by defendant on December 24, 1956, contained deleterious and harmful substances, the exact nature of which plaintiff does not know and cannot state as they are peculiarly within the knowledge...

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