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GREEN v. SANITARY SCALE COMPANY

Nos. 17880, 17881.

431 F.2d 371 (1970)

Donald GREEN, a minor by William Green, his guardian and William Green, as parent v. SANITARY SCALE COMPANY, an Illinois Corporation, Appellant in No. 17,880, v. Max BERMAN, Third-Party Defendant, Appellant in No. 17,881.

United States Court of Appeals, Third Circuit.

Rehearing May 26, 1970.

Decided July 16, 1970.

Attorney(s) appearing for the Case

Thomas Raeburn White, Jr., White & Williams, Philadelphia, Pa., for appellant in No. 17880.

Raymond J. Porreca, Philadelphia, Pa., for appellant in No. 17881.

Herbert Somerson, Zarwin, Prince, Baum, Steerman & Somerson, Philadelphia, Pa., for appellee.

Reargued before HASTIE, Chief Judge, and KALODNER, STALEY, FREEDMAN, SEITZ, VAN DUSEN, ALDISERT, ADAMS and GIBBONS, Circuit Judges.

Rehearing En Banc May 26, 1970.

OPINION OF THE COURT

FREEDMAN, Circuit Judge.

Donald Green, 16 years of age, was injured when his left hand was caught in the worm gear of a meat grinding machine in the meat department of a grocery store where he was employed. His father, William Green, instituted this action on the son's behalf and in his own right against Sanitary Scale Company, an Illinois corporation, claiming that Sanitary Scale's negligent design...

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