ABERNATHY v. SCHENLEY INDUSTRIES, INC.

No. C-C-75-387.

420 F.Supp. 1 (1976)

Ralph S. ABERNATHY, Administrator of the Estate of Eural Frank Abernathy, Plaintiff, v. SCHENLEY INDUSTRIES, INC., et al., Defendants.

United States District Court, W. D. North Carolina, Charlotte Division.

July 31, 1976 and September 27, 1976.


Attorney(s) appearing for the Case

Ronald Williams, Charlotte, N.C., for plaintiff.

Hunter M. Jones, Jones, Hewson & Woolard, Charlotte, N.C., for Schenley defendants.

John G. Golding, Golding, Crews, Meekins, Gordon & Gray, Charlotte, N.C., for defendant Mecklenburg Board of ABC.

James Wallace, Jr., Associate Atty. Gen. of N.C., Raleigh, N.C., for defendant North Carolina Board of Alcoholic Beverage Control and State of North Carolina.


ORDER

McMILLAN, District Judge.

Plaintiff's decedent allegedly drank too much of defendants' good whiskey, too fast, and died of acute ethanol poisoning. Plaintiff's complaint, as it now stands, alleges violation of 15 U.S.C. § 2068 (Consumer Product Safety Act), 21 U.S.C. § 331 (Adulterated or Misbranded Food and Drugs), and 27 U.S.C. § 205(e) (Alcohol Labeling), as well as a products liability action under North Carolina law.

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