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WESTERMAN v. SEARS, ROEBUCK & CO.

No. 75-3885.

577 F.2d 873 (1978)

Joan WESTERMAN, as personal representative of the Estate of Michael Westerman, Deceased, etc., et al., Plaintiffs-Appellees, Cross-Appellants, v. SEARS, ROEBUCK AND COMPANY, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 18, 1978.

Attorney(s) appearing for the Case

Sam Daniels, Miami, Fla., for defendant-appellant, cross-appellee.

Marvin Weinstein, Miami Beach, Fla., Robert Orseck, Miami, Fla., for plaintiffs-appellees, cross-appellants.

Before THORNBERRY, GODBOLD and FAY, Circuit Judges.

FAY, Circuit Judge:

This is a wrongful death action in which the defendant, Sears, Roebuck and Company (Sears), appeals a $901,510 final judgment for the plaintiff, Joan Westerman, as personal representative of the Estate of Michael Westerman, deceased. As grounds for this appeal Sears asks us to decide:

I. Whether Florida would apply its Wrongful Death Act, Fla.Stat. 768.16 et seq., in a products liability case where the product was sold in Florida...

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