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LUCAS v. FIRESTONE TIRE AND RUBBER COMPANY

No. 71-3187. Summary Calendar.

458 F.2d 495 (1972)

William C. LUCAS, Plaintiff-Appellant, v. FIRESTONE TIRE AND RUBBER COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 17, 1972.

Attorney(s) appearing for the Case

Arthur T. Boone, Elmer Norton, Jacksonville, Fla., for plaintiff-appellant.

Fred H. Kent, Jr., Kent, Durden & Kent, William L. Durden, Jacksonville, Fla., for defendant-appellee.

Before BELL, DYER and CLARK, Circuit Judges.

BELL, Circuit Judge:

This appeal is from a summary judgment entered in favor of the defendant Firestone in a diversity suit for damages arising out of an accident allegedly caused by a defective tire. The cause of action is couched in terms of breach of an implied warranty that the tire was fit for its intended use. Fla.Stat. § 672.2-314, F.S.A.

The undisputed facts before the court at the time the summary judgment was granted were as follows. Plaintiff...

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