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ABERNATHY v. SCHENLEY INDUSTRIES, INC.

No. 76-2424.

556 F.2d 242 (1977)

Ralph S. ABERNATHY, Administrator for the Estate of Eural Frank Abernathy, Appellant, v. SCHENLEY INDUSTRIES, INC., Schenley Distillers, Inc., Schenley Affiliated Brands Corporation, Mecklenburg Board of Alcoholic Beverage Control, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 7, 1977.

Attorney(s) appearing for the Case

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

Hunter M. Jones, Charlotte, N.C. (Harry C. Hewson, Jones, Hewson & Woolard, Charlotte, N.C., on brief), for Schenley Industries, Inc., etc.

John G. Golding (Harvey L. Cosper, Jr., Golding, Crews, Meekins, Gordon & Gray, Charlotte, N.C., on brief), for Mecklenburg Board of Alcoholic Beverage Control.

Before WINTER, BUTZNER and HALL, Circuit Judges.

PER CURIAM:

Ralph S. Abernathy, administrator of the estate of Eural Frank Abernathy, who died from acute ethanol poisoning, appeals from a judgment of the district court dismissing his action. He alleges that Schenley, as manufacturer, and Mecklenburg Board of Alcoholic Beverage Control, as seller, violated federal statutes by failing to have their labels warn of the hazard of such poisoning.

The district court concluded that there was no cause of action...

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