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PAUL v. HARDWARE MUTUAL INS. CO.

No. 3646.

254 So.2d 690 (1971)

Cleveland PAUL, Sr. and Elmina Paul, Plaintiffs-Appellees, v. HARDWARE MUTUAL INSURANCE COMPANY, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied December 14, 1971.

Attorney(s) appearing for the Case

James R. Nieset, of Plauche, Sanders, Smith & Hebert, Lake Charles, of counsel for defendant-appellant.

Philip J. Shaheen, Jr., Lake Charles, for plaintiffs-appellees.

Before FRUGÉ, CULPEPPER and DOMENGEAUX, JJ.

DOMENGEAUX, Judge.

This is a suit in tort in which plaintiffs seek to recover damages because of alleged injuries sustained by Mrs. Elmina Paul as the result of her drinking the partial contents of a bottle of Dr. Pepper on or about April 30, 1968, which bottle allegedly contained a foreign substance. Made defendant is Hardware Mutual Insurance Company, the liability insurer of Lake Charles Dr. Pepper Bottling Company. The trial court found that the soft drink bottle...

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