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ABEL v. J. C. PENNEY CO., INC.

Nos. 4-75-civ-175, 4-76-civ-204 and 4-76-civ-454.

488 F.Supp. 891 (1980)

Melanie ABEL, a minor, by her father and natural guardian, Raymond J. Abel, and Raymond J. Abel, Individually, Plaintiffs, v. J. C. PENNEY CO., INC., a Delaware Corporation, Defendant. Melanie ABEL, a minor, by her father and natural guardian, Raymond J. Abel, and Raymond J. Abel, Individually, Plaintiffs, v. SIMPLICITY PATTERN CO., INC., Defendant. Melanie ABEL, a minor, by her father and natural guardian, Raymond J. Abel, and Raymond J. Abel, Individually, v. M. LOWENSTEIN & SONS, INC., a corporation, Defendant.

United States District Court, D. Minnesota, Fourth Division.

May 27, 1980.

Attorney(s) appearing for the Case

Thomas J. Lyons, St. Paul, Minn., for plaintiffs.

John J. Killen, Jr., Johnson, Fredin, Killen, Thibodeau & Seiler, Duluth, Minn., for defendant J. C. Penney & Company.

Robert T. White, Murnane, Conlin, White, Brandt & Hoffman, St. Paul, Minn., for defendant Simplicity Pattern Company, Inc.

Richard D. Allen, Minneapolis, Minn., for defendant M. Lowenstein & Sons, Inc.

RENNER, District Judge.

The above-captioned case comes before the Court pursuant to the following pretrial motions: (1) of defendant Simplicity Pattern Company, Inc., (hereinafter "Simplicity") to determine that Fed.R.Evid. 407 prevents any testimony regarding changes that it made in its warnings or labelings after January 4, 1975; (2) of Simplicity to determine that the Flammable Fabrics Act does not apply to it and for striking said cause of action from the complaint...

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