TOMAN v. UNDERWRITERS LABORATORIES, INC.

Nos. 82-1452, 82-1517 and 82-1518.

707 F.2d 620 (1983)

Marina TOMAN, a minor by her father and next friend Kurt Toman and Kurt TOMAN, Plaintiffs, Appellees, v. UNDERWRITERS LABORATORIES, INC., Defendant and Third-Party Plaintiff, Appellant, v. MORRIS STRUHL, INC., et al., Third-Party Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 4, 1983.


Attorney(s) appearing for the Case

Francis J. Higgins, Chicago, Ill., with whom John J. Verscaj, Bell, Boyd & Lloyd, Chicago, Ill., Harvey Weiner, and Peabody & Arnold, Boston, Mass., were on brief, for Underwriters Laboratories, Inc.

Peter D. Cole, Groton, Mass., with whom John F. Burke, Jr., and Badger, Sullivan, Kelly & Cole, P.C., Boston, Mass., were on brief, for Morris Struhl, Inc., et al.

Peter L. Puciloski, Boston, Mass., with whom Regina E. Roman, and Sugarman, Rogers, Barshak & Cohen, Boston, Mass., were on brief, for Superior Elec. Products, Inc.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, and SMITH, Senior District Judge.


PER CURIAM.

Underwriter's Laboratories Inc. (UL) took separate appeals from separate judgments1 dismissing Counts I and III of UL's separate third-party complaints against Morris Struhl, Inc. (Struhl) and Superior Electric Products, Inc. (Superior). This court consolidated the appeals.

The complaint in this diversity case was brought on behalf of Marina Toman for burns she received when her bedding and nightclothes, allegedly ignited...

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