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McQUISTON v. K-MART CORP.

No. 85-3486.

796 F.2d 1346 (1986)

Licia McQUISTON and Frankie McQuiston, her husband, Plaintiffs-Appellants, v. K-MART CORPORATION, a Michigan Corporation, and Indiana Glass Company, an Indiana Corporation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

As Amended August 28, 1986.

Attorney(s) appearing for the Case

Jack B. Nichols, Orlando, Fla., for plaintiffs-appellants.

H. David Luff, Orlando, Fla., for defendants-appellees.

Before RONEY and FAY, Circuit Judges, and SIMPSON, Senior Circuit Judge.

PER CURIAM:

While shopping in a Winter Park, Florida, K-Mart store, Licia McQuiston received severe and permanent injuries to her wrist when she lifted the lid of a cookie jar on display on a store shelf and the lid came apart. Ms. McQuiston and her husband sued K-Mart and the cookie jar's manufacturer, Indiana Glass Company, alleging theories of strict liability and breach of implied warranty. Before trial, the district court granted summary judgment on the implied...

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