DIANA v. CANADA DRY CORPORATION

Civ. A. No. 17807.

189 F.Supp. 280 (1960)

Pola J. DIANA & Louis Diana, her husband, Plaintiffs, v. CANADA DRY CORPORATION, a corporation, formerly known as Canada Dry Ginger Ale, Inc., Defendant.

United States District Court W. D. Pennsylvania.

May 4, 1960.


Attorney(s) appearing for the Case

James A. Ashton, Pittsburgh, Pa., for plaintiff.

Norman J. Cowie, Pittsburgh, Pa., for defendant.


McILVAINE, District Judge.

In this action the plaintiffs seek to recover damages from the defendant for injuries the wife-plaintiff sustained when she drank some of defendant's beverages which she claims were unfit for consumption. Defendant moves to dismiss on the grounds that plaintiffs have failed to show the requisite amount in controversy, and that the complaint does not set forth a clear concise statement of the plaintiffs' cause of action.

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