VENEZIA v. MILLER BREWING CO.

No. 80-1036.

626 F.2d 188 (1980)

Patricia VENEZIA, Individually, and as she is next friend of Louis Venezia, a minor, Plaintiffs, Appellants, v. MILLER BREWING COMPANY et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided July 18, 1980.


Attorney(s) appearing for the Case

William J. Rooney, Jr., Brighton, Mass., with whom Arthur J. McCabe, II, and McCabe & Sidel, Boston, Mass., were on brief, for plaintiffs, appellants.

Thomas E. Peisch, Boston, Mass., with whom Thomas D. Burns and Burns & Levinson, Boston, Mass., were on brief, for Thatcher Glass Manufacturing Corporation, defendant, appellee.

Ronald E. Harding, Boston, Mass., with whom Ralph H. Willard, Jr. and Weston, Patrick, Willard & Redding, Boston, Mass., were on brief, for Foster-Forbes Glass Company, defendant, appellee.

Louis N. Massery, with whom Law Offices of James D. Casey, Boston, Mass., was on brief, for Miller Brewing Co., and Brockway Glass Company, defendants, appellees.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and DAVIS, Judge, U.S. Court of Claims.


LEVIN H. CAMPBELL, Circuit Judge.

Plaintiff appeals the district court's dismissal, for failure to state a claim, of the complaint filed in this diversity action. See Fed.R.Civ.P. 12(b)(6). The complaint charged Miller Brewing Company and three manufacturers of glass products with negligence, gross negligence and breach of warranty in connection with the design and manufacture of a glass bottle used as a container for Miller Beer.1

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