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LITTLEHALE v. E. I. du PONT de NEMOURS & CO.

No. 456, Docket 30720.

380 F.2d 274 (1967)

Adelbert LITTLEHALE and Erwin Zelanko, Appellants, v. E. I. du PONT de NEMOURS & CO., Appellee.

United States Court of Appeals Second Circuit.

Decided May 29, 1967.

Attorney(s) appearing for the Case

Herman Schmertz, New York City (Gair & Gair, New York City, on the brief), for appellants.

Harold R. Medina, Jr., New York City (V. Thomas Fryman, Jr., Cravath, Swaine & Moore, New York City, on the brief), for appellee.

Before SMITH, KAUFMAN and HAYS, Circuit Judges.

PER CURIAM:

Adelbert Littlehale and Erwin Zelanko appeal from a judgment by Judge Tenney of the District Court for the Southern District of New York, which dismissed their claims against du Pont upon the latter's motion for summary judgment pursuant to Rule 56(b) of the Federal Rules of Civil Procedure.

Appellants' action, which sought money damages, was based upon the claimed negligence of du Pont in failing to adequately warn them of the dangers inherent...

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