INDIANA NAT. BANK OF INDIANAPOLIS v. DE LAVAL SEPARATOR CO.

No. 16136.

389 F.2d 674 (1968)

The INDIANA NATIONAL BANK OF INDIANAPOLIS, Administrator of the Estate of Rudy R. Flanigan, Deceased, Plaintiff-Appellant, v. DE LAVAL SEPARATOR CO., Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

January 29, 1968.


Attorney(s) appearing for the Case

Raymond J. Grahn, Howard S. Young, Jr., Indianapolis, Ind., for appellant.

R. Stanley Lawton, Ice, Miller, Donadio & Ryan, Indianapolis, Ind., Elbert G. Bellows, New York City, for appellee.

Before DUFFY, Senior Circuit Judge, and FAIRCHILD and CUMMINGS, Circuit Judges.


CUMMINGS, Circuit Judge.

This diversity action was brought to recover damages for the death of plaintiff's decedent. The first count was based on negligence, and the second on implied warranty. The question here is whether the District Court properly directed a verdict for the defendant at the close of the case.

Because a verdict was directed for defendant, the evidence of course must be viewed most favorably for plaintiff. So viewed, the following facts are...

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