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PRITCHARD v. LIGGETT & MYERS TOBACCO COMPANY

No. 14802.

370 F.2d 95 (1966)

Anita PRITCHARD, Administratrix of the Estate of Otto E. Pritchard, Deceased, Appellant, v. LIGGETT & MYERS TOBACCO COMPANY, a Corporation, Appellee.

United States Court of Appeals Third Circuit.

Decided December 22, 1966.

Attorney(s) appearing for the Case

James E. McLaughlin, McArdle, Harrington, Feeney & McLaughlin, Pittsburgh, Pa. (James P. McArdle, Pittsburgh, Pa., on the brief), for appellant.

William H. Eckert, Eckert, Seamans & Cherin, Pittsburgh, Pa. (John H. Morgan, William B. Mallin, C. Arthur Wilson, Jr., Pittsburgh, Pa., Bethuel M. Webster, Frederick P. Haas, Webster, Sheffield, Fleischmann, Hitchcock & Chrystie, New York City, on the brief), for appellee.

Before GANEY, SMITH and FREEDMAN, Circuit Judges.

AMENDED OPINION OF THE COURT

PER CURIAM.

This matter was heretofore before the Court on an appeal from a judgment in favor of the defendant in an action for personal injury based on negligence and breach of warranty. 350 F.2d 479, cert. den. 382 U.S. 987, 86 S.Ct. 549, 15 L.Ed. 2d 475. The appeal was from that portion of the judgment which was predicated upon the jury's determination on the issues relating to the alleged...

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