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GILLAM v. J. C. PENNEY COMPANY

Nos. IP 60-C-322, 60-C-323.

193 F.Supp. 558 (1961)

Jerry D. GILLAM, by his father and next friend, Lester D. Gillam, Plaintiff, v. J. C. PENNEY COMPANY, Westinghouse Electric Corporation, Defendants. Lester GILLAM, Plaintiff, v. J. C. PENNEY COMPANY, Westinghouse Electric Corporation, Defendants.

United States District Court S. D. Indiana, Indianapolis Division.

May 3, 1961.

Attorney(s) appearing for the Case

Lewis, Weiland, Payne & Carvey, Indianapolis, Ind., for plaintiff.

Locke, Reynolds, Boyd & Weisell, Indianapolis, Ind., for J. C. Penney Co.

Ross, McCord, Ice & Miller, Indianapolis, Ind., for Westinghouse Electric Corp.

STECKLER, Chief Judge.

These are actions arising out of personal injuries sustained by Jerry D. Gillam, a minor, on an escalator in J. C. Penney Company's retail store on Monument Circle in the City of Indianapolis. It is alleged, among other things, that Westinghouse Electric Corporation installed and undertook to maintain, service, inspect and repair said escalator. Defendant, J. C. Penney Company, has answered in admission and denial and

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