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KINNEY v. GOODYEAR TIRE & RUBBER CO.

No. 281-75.

367 A.2d 677 (1976)

Herman C. KINNEY v. GOODYEAR TIRE & RUBBER CO. et al.

Supreme Court of Vermont.

December 7, 1976.

Attorney(s) appearing for the Case

Natt L. Divoll, Jr., Bellows Falls, for plaintiff.

Robinson E. Keyes of Ryan, Smith & Carbine, Ltd., Rutland, for Goodyear.

James H. Wick of Dinse, Allen & Erdmann, Burlington, for Gans. Sylvester & Maley, Burlington, for Canney.

Before BARNEY, C. J., and DALEY, LARROW and BILLINGS, JJ., and SHANGRAW (C. J. Ret.), Special Justice.

LARROW, Justice.

Plaintiff claims personal injuries caused by the bursting of a new tire while he was mounting it on August 7, 1968. By complaint filed August 5, 1974, he sought recovery from (a) Goodyear Tire & Rubber Co., alleging breach of express and implied warranty of merchantability and fitness for use, in manufacturing the tire, (b) Gans Surplus Tire Co., who sold the tire to Canney and Boyd, alleging breach of implied warranty of merchantability and fitness...

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