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BURTON v. L. O. SMITH FOUNDRY PRODUCTS CO.

No. 74-2044.

529 F.2d 108 (1976)

Shelby J. BURTON, Administratrix of the Estate of Robert Lee Burton, Deceased, Plaintiff-Appellant, v. L. O. SMITH FOUNDRY PRODUCTS CO., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 28, 1976.

Attorney(s) appearing for the Case

John F. Vargo, Indianapolis, Ind., for plaintiff-appellant.

Robert J. Oliver, Rockford, Ill., Philip F. Boberschmidt, Indianapolis, Ind., for defendant-appellee.

Before STEVENS, Circuit Justice, RIVES, Senior Circuit Judge, and TONE, Circuit Judge.

PER CURIAM.

This diversity case was brought by the administratrix of the estate of Robert Burton for damages resulting from an accident that caused Burton's death. The original defendant was the Osborn Manufacturing Company, but the plaintiff later added two counts directed solely against the appellee, L. O. Smith Foundry Products ("Smith"). The two added counts were based on breach of warranty and strict liability in tort...

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