OPINION OF THE COURT
ADAMS, Circuit Judge.
The principal question here is whether it was error to grant summary judgment on the ground that one injured by a defective machine may not recover from the corporation that purchased substantially all the assets of the manufacturer of the machine because the transaction was a sale of assets rather than a merger or consolidation.
I.
Stanley Knapp, Jr., an employee of Mrs. Smith's Pie Co., was injured...
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