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

No. 80-1824.

660 F.2d 720 (1981)

Melanie ABEL, a minor, by her father and natural guardian, Raymond J. Abel, and Raymond J. Abel, individually, Appellants, v. J. C. PENNEY CO., INC., a Delaware corporation; Simplicity Pattern Co., Inc.; and M. Lowenstein & Sons, Inc., a corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 9, 1981.

Attorney(s) appearing for the Case

Thomas J. Lyons, St. Paul, Minn., for appellants; Douglas Peine, Minneapolis, Minn., of counsel.

John J. Killen (argued) and Nicholas Ostapenko, Duluth, Minn., for appellee J. C. Penney Co., Inc.

Robert T. White and Steven J. Kirsch (argued), St. Paul, Minn., for appellee Simplicity Pattern Co., Inc.

Richard D. Allen (argued), Richard D. Allen, Ltd., Minneapolis, Minn., and George Vernon, Karon, Morrison & Savikas, Ltd., Chicago, Ill., for appellee M. Lowenstein & Sons, Inc.

Before ROSS and ARNOLD, Circuit Judges, and HANSON, Senior District Judge.

PER CURIAM.

Melanie Abel, a minor, through her father and natural guardian, Raymond Abel, brought suit against the J. C. Penney Co., the Simplicity Pattern Co., and M. Lowenstein and Sons, Inc., for injuries suffered by Melanie when her flannelette nightgown caught fire. The District Court1 dismissed plaintiffs' strict-liability claim against Simplicity before trial, and directed a verdict for...

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