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SIMIEN v. S. S. KRESGE CO.

No. 76-1020.

566 F.2d 551 (1978)

Wilford SIMIEN, Plaintiff-Appellee, v. S. S. KRESGE COMPANY, Defendant-Third-Party Plaintiff-Appellant. MODERN JACKETS, Defendant, v. SMITH BROTHERS MANUFACTURING COMPANY, Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 20, 1978.

Attorney(s) appearing for the Case

Daniel V. Flatten, Beaumont, Tex., for defendant-third-party plaintiff-appellant.

Walter Umphrey, Port Arthur, Tex., for W. Simien.

Thomas J. Swearingen, Port Arthur, Tex., Ken Parker, Beaumont, Tex., for Smith Bros., etc.

Before THORNBERRY, GOLDBERG, and CLARK, Circuit Judges.

CHARLES CLARK, Circuit Judge:

This products liability diversity action was brought by Wilford Simien against appellant S. S. Kresge Company to recover damages for injuries suffered by Simien when a jacket he was wearing caught fire. In January 1973 Simien was wearing the jacket, which he asserts was purchased from Kresge, while starting an outdoor fire. To speed the start-up, Simien threw a small, open-mouthed container of...

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