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DENNY v. SEABOARD LACQUER, INC.

No. 72-1832.

487 F.2d 485 (1973)

James W. DENNY, Administrator of the Estate of James N. Denny, by Roger L. Smith, Ancillary Administrator of the Estate of James N. Denny, to his own use and to the use of Insurance Company of North America, Appellant, v. SEABOARD LACQUER, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 20, 1973.

Attorney(s) appearing for the Case

Oliver B. Dickins, Jr., Nashville, Tenn. (Abraham L. Adler, Baltimore, Md., and Moe Levine, New York City, on brief), for appellant.

Barrett W. Freedlander, Baltimore, Md. (Robert H. Williams, Jr., Raymond F. Altman and Niles, Barton & Wilmer, Baltimore, Md., on brief), for appellee.

Before WINTER, RUSSELL, and WIDENER, Circuit Judges.

WIDENER, Circuit Judge:

Plaintiff-appellant, James W. Denny, is the administrator of the estate of James N. Denny (hereinafter Denny) who was killed as a result of an explosion which occurred while Denny was using a quantity of floor sealer which was manufactured by defendant-appellee, Seaboard Lacquer, Inc. (hereinafter Seaboard). In the court below, Seaboard moved for summary judgment, which motion was granted as against Denny but not against other plaintiffs with...

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