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BARRETT v. FOSTER GRANT CO.

No. 71-1115.

450 F.2d 1146 (1971)

Ronald A. BARRETT, Plaintiff, Appellee, v. FOSTER GRANT CO., Inc., Defendant and Third-Party Plaintiff, Appellant, v. TRANSFORMER SERVICE, INC., Third-Party Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided November 5, 1971.

Attorney(s) appearing for the Case

Martin L. Gross, Concord, N. H., with whom Sulloway, Hollis, Godfrey & Soden, Concord, N. H., was on brief for Foster Grant Co., Inc.

Paul J. Liacos, Peabody, Mass., with whom Liacos & Liacos, Peabody, Mass., was on brief, for Ronald A. Barrett.

W. Wright Danenbarger, Manchester, N. H., with whom Paul E. Nourie and Wiggin, Nourie, Sundeen, Pingree & Bigg, Manchester, N. H., were on brief, for Transformer Service, Inc.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

In 1951 Foster Grant Co., a Delaware corporation having its principal place of business in Leominster, Massachusetts, hereinafter defendant, acquired, in situ, certain transformers from the Massachusetts Electric Company. Without alterations, it used these transformers to reduce a transmission voltage of 13,800 volts, the "high" side, to 550 volts, the "low" side, for its manufacturing operations. The transformers were oil cooled, and it was...

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