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MELLO v. K-MART CORP.

No. 85-1614.

792 F.2d 1228 (1986)

David MELLO and Phyllis Mello, Plaintiffs, Appellants, v. K-MART CORPORATION, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 4, 1986.

Attorney(s) appearing for the Case

Daniel T. Chabot with whom William J. Griset, Jr. and Latti Associates, Boston, Mass., were on brief, for plaintiffs, appellants.

James P. Whitters, III with whom Martha J. Koster, Timothy Q. Feeley and Gaston Snow & Ely Bartlett, Boston, Mass., were on brief, for defendants, appellees.

Before CAMPBELL, Chief Judge, TORRUELLA, Circuit Judge, and MALETZ, Senior Judge.

LEVIN H. CAMPBELL, Chief Judge.

In this products liability action applying Tennessee law, plaintiffs-appellants David and Phyllis Mello appeal from judgments entered in favor of defendants-appellees K-Mart Corporation and Shinn Fu of America, Inc., in the United States District Court for the District of Massachusetts. We affirm.

The evidence introduced at the jury trial tended to show the following. On or about November 7, 1982, while vacationing with his...

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