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SMITH v. MICHIGAN BEVERAGE COMPANY, INC.

No. 72-2008.

495 F.2d 754 (1974)

Joan SMITH, Plaintiff-Appellee, v. MICHIGAN BEVERAGE COMPANY, INC., Defendant-Appellee, Allied Supermarkets, Inc., Defendant-Appellee, Glenshaw Glass Company, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 10, 1974.

Attorney(s) appearing for the Case

David E. Rosenfeld, Terre Haute, Ind., for appellant.

Thomas H. Hicks, Warren R. Everett, Terre Haute, Ind., for appellee.

Before SWYGERT, Chief Judge, HASTINGS, Senior Circuit Judge, and O'SULLIVAN, Senior Circuit Judge.

SWYGERT, Chief Judge.

Defendant Glenshaw Glass Company is appealing from a judgment entered on a jury verdict in favor of plaintiff Joan Smith for $100,000, for injuries she received when a bottle exploded. We reverse.

Glenshaw is a manufacturer of glass bottles. It manufactured and sold to Michigan Beverage the 28-ounce non-returnable bottle that is involved in the case. Michigan Beverage filed the bottle with a carbonated root beer beverage and then sold...

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