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HAMPTON v. GEBHARDT'S CHILI POWDER CO.

No. 17260.

294 F.2d 172 (1961)

Iva HAMPTON, Appellant, v. GEBHARDT'S CHILI POWDER CO. et al., Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 9, 1961.

Attorney(s) appearing for the Case

Spurr & Brunner, W. H. Brunner, Ukiah, Cal., for appellant.

Hadsell, Murman & Bishop, Sydney P. Murman, Nelson C. Barry, San Francisco, Cal., for appellees.

Before HAMLIN, JERTBERG and MERRILL, Circuit Judges.

MERRILL, Circuit Judge.

This diversity action arising in California presents a question of California law in the area of products liability.

California (through the Uniform Sales Act) requires that before one may hold a manufacturer or retailer liable, notice of breach of warranty must be given within a reasonable time after discovery of the defect in the product sold.1 The question here presented is whether notice must precede...

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