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SMITH v. NICK'S CATERING SERV.

No. 75-1036C(4).

420 F.Supp. 737 (1976)

Larry C. SMITH, Plaintiff, v. NICK'S CATERING SERVICE and DiPinto Manufacturing Company, Defendants.

United States District Court, E. D. Missouri, E. D.

September 7, 1976.

Attorney(s) appearing for the Case

Elmer C. Oberhellmann, St. Louis, Mo., for plaintiff.

George E. Lee, St. Louis, Mo., for Nick's Catering Service.

W. Munro Roberts, Jr., St. Louis, Mo., for DiPinto Mfg. Co.

MEMORANDUM

NANGLE, District Judge.

This matter is before the Court upon the motion of defendant Nick's Catering Service to dismiss plaintiff's complaint as to it for failure to state a claim. Plaintiff filed suit, pursuant to 28 U.S.C. § 1331, seeking damages for injuries sustained when his head struck a portion of a truck owned by defendant Nick's Catering Service, and bought from defendant Di Pinto Manufacturing Company, the manufacturer. Plaintiff...

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