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RHODES v. INTERSTATE BATTERY SYSTEM OF AMERICA

No. 82-8619.

722 F.2d 1517 (1984)

Robert E. RHODES, Plaintiff-Appellant, v. INTERSTATE BATTERY SYSTEM OF AMERICA, INC., and Johnson Controls, Inc., formerly Globe-Union, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied February 27, 1984.

Attorney(s) appearing for the Case

George B. Snelling, Jr., Augusta, Ga., for plaintiff-appellant.

A. Rowland Dye, Augusta, Ga., for defendants-appellees.

Before HILL and KRAVITCH, Circuit Judges, and MORGAN, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied February 27, 1984.

KRAVITCH, Circuit Judge:

In this Georgia diversity action plaintiff-appellant Rhodes seeks damages for personal injuries suffered in an explosion occurring when he struck a match and loosened the vent caps on an automobile battery manufactured and distributed by defendant-appellees. Rhodes appeals an order of the district court dismissing his claim on summary judgment. We reverse and remand.

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