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PACE v. AMERICAN RADIATOR & STANDARD SANITARY CORP.

No. 14740.

346 F.2d 321 (1965)

Bradley PACE, a Minor, by his Mother and next friend, Carmen Pace, Plaintiff-Appellant, v. AMERICAN RADIATOR & STANDARD SANITARY CORPORATION, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied June 4, 1965.

Attorney(s) appearing for the Case

Sydney L. Berger, Theodore Lockyear, Evansville, Ind., for plaintiff-appellant.

Fred P. Bamberger, Evansville, Ind., for defendant-appellee, Bamberger, Foreman, Oswald & Hahn, Evansville, Ind., of counsel.

Before DUFFY, KILEY and SWYGERT, Circuit Judges.

KILEY, Circuit Judge.

The district court dismissed this three count diversity suit for damages for loss of sight in an eight year old boy's eye, on the ground that no count of the amended complaint stated a claim upon which relief could be granted,1 and plaintiff has appealed. We think the court erred as to count III of the amended complaint, based on negligence.

The vital issue is whether defendant's use, without authority, of...

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