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STEPHAN v. MARLIN FIREARMS COMPANY

No. 41, Docket 29128.

353 F.2d 819 (1965)

Frances Metzger Wirth STEPHAN, Guardian of the Estate of Charles Wirth, Plaintiff-Appellant, v. The MARLIN FIREARMS COMPANY, Inc., et al., Defendant-Appellees.

United States Court of Appeals Second Circuit.

Decided December 20, 1965.

Attorney(s) appearing for the Case

Theodore I. Koskoff, Bridgeport, Conn. (James M. Desmond, Norwalk, Conn., and John D. Guman, Jr., Bridgeport, Conn., on the brief), for plaintiff-appellant.

Kevin T. Gormley, New Haven, Conn. (Martin E. Gormley and Gerald P. Dwyer, New Haven, Conn., on the brief), for Marlin Firearms Co., defendant-appellee.

Donald J. St. John, Bridgeport, Conn. (Paul V. McNamara, Bridgeport, Conn., on the brief), for John Misciuch, defendant-appellee.

Adrian W. Maher, Bridgeport, Conn. (Kevin J. Maher, Bridgeport, Conn., on the brief), for Carl Pavlick, defendant-appellee.

Before LUMBARD, Chief Judge, SMITH, Circuit Judge, and LEVET, District Judge.

LEVET, District Judge.

The plaintiff appeals from a jury verdict in favor of four defendants in a diversity action which sought damages for injuries suffered by the plaintiff's ward in a hunting accident.

The action centers around one. 22 calibre rifle, a Model 39A manufactured by appellee Marlin Firearms Company, Inc. in 1947. On September 23, 1961, appellee Charles Pavlick, then fifteen years old, accompanied by his uncle, appellee, John Misciuch, purchased...

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