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PINGATORE v. MONTGOMERY WARD AND COMPANY

No. 19347.

419 F.2d 1138 (1969)

Betty Jean PINGATORE and Daniel F. Pingatore, Plaintiffs-Appellees, v. MONTGOMERY WARD AND COMPANY, Inc., Defendant-Appellant, F. W. Woolworth Company, Defendant-Appellant. MONTGOMERY WARD AND COMPANY, Inc., Cross-Plaintiff-Appellant, v. F. W. WOOLWORTH COMPANY, Cross-Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

December 18, 1969.

Attorney(s) appearing for the Case

Addison D. Connor, Detroit, Mich., Butzel, Eaman, Long, Gust & Kennedy, Xhafer Orhan, Detroit, Mich., on brief, for Montgomery Ward & Co.

William J. Weinstein, Detroit, Mich., Gussin, Weinstein & Kroll, Detroit, Mich., on brief, for Pingatore.

Samuel A. Garzia, Detroit, Mich., Vandeveer, Haggerty, Doelle, Garzia, Tonkin & Kerr, Detroit, Mich., on brief, for F. W. Woolworth.

Before PHILLIPS, Chief Judge, CELEBREZZE, Circuit Judge, and TAYLOR, District Judge.

ROBERT L. TAYLOR, District Judge.

This is an appeal by Montgomery Ward and Company, Inc. from a judgment rendered on a verdict of the jury in the amount of $126,000.00 for Mrs. Pingatore and $25,000.00 for Mr. Pingatore. Plaintiffs, by amendment, made F. W. Woolworth a party-defendant and Ward sued Woolworth by cross-claim. A Jury returned a verdict in favor of Woolworth in the original action and the Court dismissed the cross-claim. The trial covered a three weeks...

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