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HARLESS v. BOYLE-MIDWAY DIV., AM. HOME PRODUCTS

No. 77-1168.

594 F.2d 1051 (1979)

Marilyn HARLESS, Plaintiff-Appellant, v. BOYLE-MIDWAY DIVISION, AMERICAN HOME PRODUCTS, a corporation, Defendant-Appellee. Marilyn Harless POWELL, as Administratrix of the Estate of Lawrence Michael Harless, Deceased, Plaintiff-Appellant, v. BOYLE-MIDWAY DIVISION, AMERICAN HOME PRODUCTS, a corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 13, 1979.

Attorney(s) appearing for the Case

Jackson G. Beatty, Tallahassee, Fla., for plaintiff-appellant.

Goble D. Dean, Orlando, Fla., for defendant-appellee.

Before GEWIN, COLEMAN and GOLDBERG, Circuit Judges.

GEWIN, Circuit Judge:

This appeal arose from a wrongful death action in which appellant alleged simple and culpable negligence on the part of appellee in failing to warn of the fatal consequences of the inhalation of its product Pam, although it had been aware of the consequences for a number of years. All parties concede that the death of 14 year old Michael Harless occurred as a result of his intentional inhalation of Pam, a household product manufactured and distributed...

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