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KOBECKIS v. BUDZKO

225 A.2d 418 (1967)

Edward B. KOBECKIS, Plaintiff, v. Richard BUDZKO, d/b/a Dick's Corner Store, Defendant and Third-Party Plaintiff, v. B. D. STEARNS, INC., Third-Party Defendant and Fourth-Party Plaintiff, v. DUBUQUE PACKING COMPANY, Fourth-Party Defendant.

Supreme Judicial Court of Maine.

January 4, 1967.

Attorney(s) appearing for the Case

Basil A. Latty, Franklin F. Stearns, Jr., Portland, for plaintiff.

William B. Mahoney, and Hollis J. Allen, Portland, for Richard Budzko.

Edward J. Berman, Portland, for B. D. Stearns, Inc.

Herbert H. Sawyer, Portland, for Dubuque Packing Co.

Before WILLIAMSON, C. J., and WEBBER, TAPLEY, MARDEN, RUDMAN and DUFRESNE, JJ.

MARDEN, Justice.

On appeal from summary judgment for defendants.

The plaintiff complained breach of implied warranty of merchantable quality and fitness for human consumption of pork purchased from defendant on or about April 15, 1961, and from the consumption of which he alleged resultant trichinosis.1 Under third party practice, provided by Rule 14 M.R.C.P., defendant Budzko impleaded...

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