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COCA-COLA BOTTLING CO. OF LUBBOCK, TEXAS v. FILLMORE

No. 8052.

453 S.W.2d 239 (1970)

COCA-COLA BOTTLING CO. OF LUBBOCK, TEXAS v. U. V. FILLMORE.

Court of Civil Appeals of Texas, Amarillo.

April 13, 1970.

Attorney(s) appearing for the Case

Crenshaw, Dupree & Milam and Cecil Kuhne, Lubbock, for appellant.

Huff & Bowers and Mike Thompson, Lubbock, for appellee.

NORTHCUTT, Justice.

This is an action by U. V. Fillmore against the Coca-Cola Bottling Co. of Lubbock, Texas for damages allegedly sustained as a result of drinking an allegedly contaminated Coca-Cola which he purchased at a service station in Levelland, Texas. Fillmore alleged that after drinking approximately one-half of the Coke, he noticed a dead cockroach in the bottle and immediately became ill and nauseated, and as a result of which he has suffered damages...

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