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KATHENES v. QUICK CHEK FOOD STORES

Civ. A. No. 83-4668.

596 F.Supp. 713 (1984)

Nancy KATHENES, Plaintiff, v. QUICK CHEK FOOD STORES; Joyce Beverages of New Jersey, Inc.; Owens-Illinois Company and the Seven-Up Company, Defendants.

United States District Court, D. New Jersey.

October 9, 1984.

Attorney(s) appearing for the Case

W. Stephen Leary, Morristown, N.J., for defendant Joyce Beverages.

McCarter & English by Andrew T. Berry, Newark, N.J., for defendant Owens-Illinois.

OPINION

DEBEVOISE, District Judge.

Nancy Kathenes was injured when the cap of a soda bottle flew off and struck her in the eye. She instituted a personal injury products liability suit in state court against defendants, Quick Chek Food Stores, the retailer, Joyce Beverages, the bottler, and Owens-Illinois, the manufacturer of the allegedly defective bottlecap. Following extensive settlement negotiations, an "Order of Judgment" was filed by the state court...

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