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GAY v. KELLY

No. H-439.

200 So.2d 568 (1967)

Ida GAY, Appellant, v. C.M. KELLY, Isaac Byrd, d/b/a Byrd & Son Bottling Co., and Seven-up Company, a Foreign Corporation, Appellees.

District Court of Appeal of Florida. First District.

Rehearing Denied August 2, 1967.

Attorney(s) appearing for the Case

Charles O. Oxford, of Duncan & Foster, Panama City, for appellant.

Jones & Jones, Panama City, for appellee.

CARROLL, DONALD K., Judge.

The plaintiff in an action on implied warranty against the manufacturer of a softdrink six-pack carton has appealed from an order entered by the Circuit Court for Bay County, dismissing with prejudice her third amended complaint.

The sole question presented for our determination in this appeal is whether the plaintiff in her said complaint has sufficiently stated a cause of action on implied warranty against the said defendant [Isaac...

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