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WRIGHT v. MASONITE CORPORATION

Nos. 9940, 9941.

368 F.2d 661 (1966)

Max WRIGHT, T/A Wright's Grocery, Appellant, v. MASONITE CORPORATION, Appellee. Max WRIGHT, T/A Wright's Grocery, Appellee, v. MASONITE CORPORATION, Appellant.

United States Court of Appeals Fourth Circuit.

Decided October 19, 1966.

Attorney(s) appearing for the Case

W. F. Maready and J. Robert Elster, Winston-Salem, N. C. (Norwood Robinson and Hudson, Ferrell, Petree, Stockton, Stockton & Robinson, Winston-Salem, N. C., on brief), for Max Wright.

Arthur O. Cooke, Greensboro, N. C. (Russell Van Landingham, Thomasville, N. C., and Cooke & Cooke, Greensboro, N. C., on brief), for Masonite Corp.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and BRYAN, Circuit Judges.

HAYNSWORTH, Chief Judge:

We affirm the District Court's dismissal of this action in which the plaintiff sought damages for loss of a stock of goods in his grocery store as a result of contamination by noxious gases, for the invasion was not intentional within the requirements of the North Carolina rule.

In the winter of 1963, there was a strong odor of formaldehyde gas in the plaintiff's grocery store. A large portion of his stock of goods became infected...

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