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ORTIZ v. SOUTH BEND LATHE

Docket No. 44003.

46 Cal.App.3d 842 (1975)

120 Cal. Rptr. 556

REFUGIO ORTIZ, Plaintiff and Respondent, v. SOUTH BEND LATHE, Defendant, Cross-defendant and Appellant; MEYER SHEET METAL MACHINERY COMPANY, Defendant, Cross-complainant and Respondent; FREMONT INDEMNITY COMPANY, Intervener and Respondent.

Court of Appeals of California, Second District, Division Two.

April 4, 1975.

Attorney(s) appearing for the Case

COUNSEL

Cummins, White & Breidenbach and W.F. Rylaarsdam for Defendant, Cross-defendant and Appellant.

Michael J. McHale and Anderson & McHale for Defendant, Cross-complainant and Respondent.

No appearance for Plaintiff and Respondent and for Intervener and Respondent.

OPINION

COMPTON, J.

Sometime prior to August of 1955, the Johnson Machine and Press Company, Inc. (Johnson) manufactured a punch press which was admittedly defective. In August of 1955, Meyer Sheet Metal Machinery Company (Meyer), the sole distributor for Johnson in this area, sold the press to Western Lighting Corp. who continued to use the press until September 1967. In September 1967, plaintiff Refugio Ortiz, an employee of Western...

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