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SIMMONS v. BATON ROUGE COCA-COLA BOTTLING CO., LTD.

No. 9446.

282 So.2d 827 (1973)

Gracella G. SIMMONS v. BATON ROUGE COCA-COLA BOTTLING COMPANY, LTD. and Employers Commercial Union Insurance Company of America.

Court of Appeal of Louisiana, First Circuit.

Rehearing Denied September 25, 1973.

Attorney(s) appearing for the Case

Calvin E. Hardin, Jr., Baton Rouge, for appellant.

Sumpter B. Davis, III, Baton Rouge, for appellees.

Before LOTTINGER, ELLIS and CRAIN, JJ.

LOTTINGER, Judge.

Plaintiff, alleging that she became ill as a consequence of consuming part of the contents of a bottle of Tab which contained a decomposed moth, brought this suit for damages against Baton Rouge Coca-Cola Bottling Company, Ltd., the manufacturer and distributor of the beverage, and against its insurer, Employers Commercial Union Insurance Company of America. The Lower Court rendered judgment in favor of plaintiff, and against the defendant, Baton...

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