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MARTELLA v. GREAT ATLANTIC & PACIFIC TEA COMPANY

Civ. A. No. 33297.

299 F.Supp. 1256 (1969)

Peter MARTELLA v. GREAT ATLANTIC & PACIFIC TEA COMPANY and Hunt-Wesson Sales Company, Incorporated.

United States District Court E. D. Pennsylvania.

March 13, 1969.

Attorney(s) appearing for the Case

Leonard Sagot, Ettinger, Poserina, Silverman, Dubin, Anapol & Sagot, Philadelphia, Pa., for plaintiff.

Jos. Head, Swartz, Campbell & Detweiler, Philadelphia, Pa., for defendants.

OPINION AND ORDER

DAVIS, District Judge.

After drinking two glasses of tomato juice from a can packed by the defendant Hunt-Wesson Sales Company, Inc. and purchased through one of the Great Atlantic & Pacific Tea Company's retail outlets, the plaintiff complained of stomach cramps and vomiting. The family physician was then summoned, who diagnosed the plaintiff's illness as food poisoning. There was ample...

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