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BARBEAU v. RODDY MANUFACTURING COMPANY

Nos. 20196, 20197.

431 F.2d 989 (1970)

Lionel M. BARBEAU, Jr., Plaintiff-Appellee, v. RODDY MANUFACTURING COMPANY, Defendant-Appellant. Lionel M. BARBEAU, Jr., Plaintiff-Appellee, v. WHITE STORES, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

September 4, 1970.

Attorney(s) appearing for the Case

Fred H. Cagle, Jr., Knoxville, Tenn., for Roddy Mfg. Co., Frantz, McConnell & Seymour, Knoxville, Tenn., of counsel.

Joseph A. McAfee, W. Keith McCord, Knoxville, Tenn., on brief for White Stores, Inc., Egerton, McAfee, Armistead & Davis, Knoxville, Tenn., of counsel.

Hugh W. Morgan, Knoxville, Tenn., Donald J. Ray, Tullahoma, Tenn., on brief for appellee, Kramer, Dye, Greenwood, Johnson, Rayson & McVeigh, Knoxville, Tenn., Haynes, Wiseman & Hull, Tullahoma, Tenn., of counsel.

Before WEICK, CELEBREZZE and PECK, Circuit Judges.

PECK, Circuit Judge.

These combined appeals were perfected by the two District Court defendants, the bottler and retail seller of a bottle of Coca-Cola which "exploded" in the hands of the plaintiff-appellee.

On January 29, 1968, the plaintiff-appellee (hereinafter "the plaintiff"), who was at that time a student at the University of Tennessee, purchased from the defendant-appellant White Stores, Inc. ("White Stores") a six bottle carton of Coca-Cola which...

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