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REMINGTON ARMS COMPANY, INC. v. WILKINS

No. 24528.

387 F.2d 48 (1967)

REMINGTON ARMS COMPANY, INC. (PETERS CARTRIDGE DIVISION), Appellant, v. William W. WILKINS, III, a Minor, Etc., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 9, 1968.

Attorney(s) appearing for the Case

W. H. Sadler, Jr., and W. J. Sullivan, Jr., Birmingham, Ala., for Remington Arms Company, Inc. (Peters Cartridge Division), Sadler, Sadler, Sullivan & Sharp, Birmingham, Ala., of counsel.

William B. Fernambucq, Charles A. Stewart, Jr., Birmingham, Ala., William W. Wilkins, III, Huie, Fernambucq & Stewart, Birmingham, Ala., of counsel.

Before COLEMAN and GOLDBERG, Circuit Judges, and HANNAY, District Judge.

COLEMAN, Circuit Judge:

The plaintiff-appellee sued the Remington Arms Company for personal injuries, including the loss of an eye, when a cartridge manufactured by the company failed to fire and subsequently exploded upon ejection from a rifle. There was a jury verdict for the plaintiff in the sum of $68,333 and judgment accordingly. We affirm.

The case went to the jury on the sole issue of manufacturer's liability under Alabama law. The issue may best be...

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