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COLOSIMO v. MAY DEPARTMENT STORE COMPANY

Nos. 71-1492, 71-1493.

466 F.2d 1234 (1972)

Joseph COLOSIMO and Lorraine Colosimo, parents and natural guardians of John A. Colosimo, a minor, and Joseph Colosimo and Lorraine Colosimo, in their own right, v. The MAY DEPARTMENT STORE COMPANY, a Corporation, Appellant in No. 71-1492, v. Mr. and Mrs. James P. HUGHES and Muskin Manufacturing Company. Appeal of MUSKIN MANUFACTURING COMPANY, in No. 71-1493.

United States Court of Appeals, Third Circuit.

Decided July 27, 1972.

As Amended September 13, 1972.

Attorney(s) appearing for the Case

Andrew L. Weil, Engler, McGregor & Reinstadtler, Pittsburgh, Pa., for May Department Store Co.

A. Ralph Ellis, Alter, Wright & Barron, Pittsburgh, Pa., for Muskin Manufacturing Co.

P. J. McArdle, McArdle & Mansmann, Pittsburgh, Pa., for Colosimos.

Before HASTIE, VAN DUSEN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This is an appeal by a manufacturer and a retailer of a pool from a judgment, D.C., 325 F.Supp. 609, against the retailer with liability over against the manufacturer for injuries sustained by minor plaintiff as a result of a dive into the pool.

The facts as established by the record indicate that a pool manufactured by the

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