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ESHBACH v. W. T. GRANT'S AND COMPANY

No. 71-2128.

481 F.2d 940 (1973)

Deborah A. ESHBACH, a minor, by her parent and natural guardian, Marlin Eshbach, Appellant, v. W. T. GRANT'S AND COMPANY v. E. T. RUGG, a division of Mid-Con, Inc., Third-Party Defendant.

United States Court of Appeals, Third Circuit.

Decided June 15, 1973.

Attorney(s) appearing for the Case

James E. Colleran, Philadelphia, Pa., for appellant.

John W. Walter, Francis E. Marshall, Marshall, Dennehey & Warner, Philadelphia, Pa., for appellee.

Before VAN DUSEN and ADAMS, Circuit Judges, and BARLOW, District Judge.

OPINION OF THE COURT

BARLOW, District Judge.

The plaintiff, Deborah A. Eshbach, a minor, by her parent and natural guardian, Marlin Eshbach, appeals from a jury verdict in favor of the defendant, W. T. Grant's and Company.

In April of 1967, Marlin Eshbach, the father of the infant plaintiff, Deborah A. Eshbach, bought a riding, or sit-on type, 24-inch lawnmower from the defendant, W. T. Grant's and Company. Mr. Eshbach used the mower without incident...

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