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WALLNER v. KITCHENS OF SARA LEE, INC.

Nos. 17295-17297.

419 F.2d 1028 (1969)

Edward WALLNER, Plaintiff-Appellee, v. KITCHENS OF SARA LEE, INC., a corporation, and Thiele Engineering Company, a corporation, Defendants-Appellants. KITCHENS OF SARA LEE, INC., a corporation, Third-Party Plaintiff, Cross-Appellee, v. TAFT CONTRACTING COMPANY, Third-Party Defendant, and THIELE ENGINEERING COMPANY, a corporation, Third-Party Defendant, Cross-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 16, 1970.

Attorney(s) appearing for the Case

Joseph B. Lederleitner, Chicago, Ill., Howard C. Sorensen, Pretzel, Stouffer, Nolan & Rooney, Chicago, Ill., for Thiele Eng. Co.

Caryl P. Bonotto, John W. Kearns, Dennis P. Ryan, Kirkland, Ellis, Hodson, Chaffetz & Masters, Chicago, Ill., for Kitchens of Sara Lee, Inc.; John M. O'Connor, Jr., Chicago, Ill., of counsel.

Joseph T. McGuire, Perz & McGuire, Chicago, Ill., for Edward Wallner.

Francis D. Morrissey, Thomas F. Tobin, Chicago, Ill., for Taft Contracting Co.

Before KNOCH, Senior Circuit Judge, SWYGERT, Circuit Judge, and GORDON, District Judge.

SWYGERT, Circuit Judge.

This is a consolidated appeal in a diversity, personal injury action. The plaintiff, Edward Wallner, sought damages against the Kitchens of Sara Lee, Inc. for injuries sustained when he caught his hand in the moving parts of a vertical conveyor unit used in the packaging of cakes at the bakery plant of Sara Lee in Deerfield, Illinois. The vertical conveyor was purchased nearly two years before by Sara Lee from Thiele Engineering Company, the...

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