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DRAYTON v. JIFFEE CHEMICAL CORP.

Nos. 76-1941, 76-1942.

591 F.2d 352 (1978)

Terri DRAYTON, a minor, by her mother and next friend Bernice Drayton, and Bernice Drayton, Plaintiffs-Appellees Cross-Appellants, v. JIFFEE CHEMICAL CORPORATION, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 19, 1978.

Attorney(s) appearing for the Case

Thomas P. Mulligan, Michael A. Nims, Richard B. Whitney, Kathleen B. Burke, Jones, Day, Reavis & Pogue, Cleveland, Ohio, for Jiffee Chemical Corp.

Edward M. Swartz, William Schwartz, Swartz & Swartz, Boston, Mass., David A. Katz, Cleveland, Ohio, for plaintiffs-appellees.

Before PHILLIPS, Chief Judge, and ENGEL and KEITH, Circuit Judges.

ENGEL, Circuit Judge.

The circumstances which gave rise to this Ohio diversity suit are set forth in the opinion of the district court:

The incident in question occurred on December 21, 1968. At that time both plaintiffs, the infant Terri Drayton and her mother Bernice Drayton, lived in a boarding house in Cleveland, Ohio. The house was occupied by several other tenants including James Henderson, the putative father of Terri Drayton. At approximately...

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