MARATHON BATTERY COMPANY v. KILPATRICK

No. 40675.

418 P.2d 900 (1965)

MARATHON BATTERY COMPANY, Oklahoma Tire and Supply Company and McCrory Corporation, Plaintiffs in Error, v. Lloyd C. KILPATRICK, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied July 11, 1966.

Application for Leave to File Second Petition for Rehearing Denied October 18, 1966.


Attorney(s) appearing for the Case

Houston, Klein & Davidson, Tulsa, for plaintiffs in error.

Jesse L. Leeds, Norman & Wheeler, Muskogee, for defendant in error.


BERRY, Justice.

This action originally was brought against Oklahoma Tire & Supply Company, hereinafter designated as "Otasco", and Marathon Battery Company, referred to as "Marathon". The action, filed July 7, 1962, sought to recover damages for personal injuries alleged to have resulted from breach of implied warranty by the named defendants. Subsequently, November 21, 1962, plaintiff was granted leave to

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