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HORIBE v. CONTINENTAL BAKING COMPANY

No. 13345.

298 F.2d 43 (1962)

Masao HORIBE, a minor, by Ryoichi, Horibe, his father and next friend, and Ryoichi Horibe, individually, Plaintiffs-Appellants, v. CONTINENTAL BAKING COMPANY, a Delaware corporation, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

January 17, 1962.

Attorney(s) appearing for the Case

C. E. McElhaney, Jr., Joseph M. Bonfitto, Reinecker & McElhaney, Chicago, Ill., for plaintiffs-appellants.

John Cadwalader Menk, Chicago, Ill., for defendant-appellee.

Before SCHNACKENBERG, KNOCH and CASTLE, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

Masao Horibe, a minor, by Ryoichi Horibe, his father and next friend, and Ryoichi Horibe, individually, plaintiffs, appeal from a judgment of the district court on a verdict finding Continental Baking Company, a Delaware corporation, defendant, not guilty, after a trial of a personal injury action.

The case was tried on the liability issues, based upon plaintiffs' amended complaint and defendant's answer. By these pleadings defendant...

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