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ELLIOTT v. ALPAC CORPORATION

No. 22120.

396 F.2d 438 (1968)

Margie J. ELLIOTT and Lon Elliott, wife and husband, Appellants, v. ALPAC CORPORATION, a Nevada Corporation, d/b/a Glaser Beverages, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 24, 1968.

Attorney(s) appearing for the Case

Robert O. Wells, Jr. (argued), Jacob A. Mikkelborg, of Broz, Long, Mikkelborg, Wells & Fryer, Seattle, Wash., for appellants.

Frank W. Draper (argued), of Detels, Draper & Marinkovich, Seattle, Wash., for appellee.

Before HAMLEY and ELY, Circuit Judges, and VON DER HEYDT, District Judge.

OPINION

VON DER HEYDT, District Judge.

This is an appeal from a judgment entered upon a jury verdict for appellee and from an order which denied appellants' motion for a new trial. Jurisdiction rested with the District Court because of diversity of citizenship.

Briefly, the facts are as follows. Appellant Margie Elliott purchased six bottles of a soft drink, "Like", which is bottled by appellee. Subsequently...

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