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JONES v. MEAT PACKERS EQUIPMENT CO.

No. 82-1658.

723 F.2d 370 (1983)

Virginia I. JONES, Appellant, v. MEAT PACKERS EQUIPMENT CO., a California corporation; Chemetron Corporation; and Allegheny International, Inc., Appellees, v. ALLEN BRADLEY COMPANY, Third-Party Defendant.

United States Court of Appeals, Fourth Circuit.

Decided December 23, 1983.

Attorney(s) appearing for the Case

Keith H. Bangel, Portsmouth, Va. (Bangel, Bangel & Bangel, Portsmouth, Va., Edward L. Wolf, Segal, Wolf, Berk & Gaines, Philadelphia, Pa., on brief), for appellant.

William L. Dudley, Robert A. Rapaport, Norfolk, Va. (Harlan, Knight, Dudley & Pincus, Norfolk, Va., on brief), for appellees.

Before HALL and PHILLIPS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

Virginia Jones appeals from a judgment in favor of Meat Packers Equipment Company (MEPACO) and affiliated companies in an action seeking compensation for injuries alleged to have been caused by defective machinery. Jurisdiction is based on diversity of citizenship. Her complaint, relying on Virginia law, alleges breach of warranty and tort. We conclude that the district court erred by submitting the issue of contributory negligence to...

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