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ROSS v. JOHN'S BARGAIN STORES CORPORATION

No. 71-2758.

464 F.2d 111 (1972)

Hester and Nicholas M. ROSS, Jr., Plaintiffs-Appellants, v. JOHN'S BARGAIN STORES CORPORATION et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 12, 1972.

Attorney(s) appearing for the Case

Adolph J. Levy, New Orleans, La., for plaintiffs-appellants.

Breard Snellings, New Orleans, La., for John's Bargain Stores Corp.

Bruce J. Borrello, New Orleans, La., for Liberty Mutual & Cone Mills.

Albert H. Hanemann, Jr., New Orleans, La., for Spartan Industries, and Jack M. Alltmont of Sessions, Fishman, Rosenson, Snellings & Boisfontaine, New Orleans, La., for John's Bargain Stores Corporation, appellee.

Before GEWIN, COLEMAN and INGRAHAM, Circuit Judges.

GEWIN, Circuit Judge:

Hester and Nicholas Ross, appellants, brought this wrongful death diversity action against retailer, John's Bargain Stores Corporation (John's), appellee. The Ross's daughter, 7 year old Patricia Ann Ross, died as a result of burns received when her nightgown which had been purchased from John's caught fire. The complaint also named the manufacturer of the nightgown as a defendant; this suit, however, does not involve that claim. Without stating...

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