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K-MART CORP. v. CHAIRS, INC.

No. 85-1578.

506 So.2d 7 (1987)

K-MART CORPORATION, Etc., Appellant, v. CHAIRS, INC.; C & S Chairs, Inc. and Bituminous Casualty Corporation, Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearings Denied April 30, 1987.

Attorney(s) appearing for the Case

Francis J. Carroll, Jr., of Smalbein, Eubank, Johnson, Rosier & Bussey, P.A., Daytona Beach, for appellant.

David D. Chafin, of Whittaker, Stump and Webster, P.A., Orlando, for appellees C & S Chairs, Inc. and Bituminous Cas. Corp.

Frederick J. Daniels, of Langston and Hess, P.A. Orlando, for appellees, Chairs, Inc. and Aetna Ins. Companies.

SHARP, Judge.

K-Mart Corporation appeals from a summary judgment denying it any recovery under its third party complaint. In a suit by a customer injured by a swing set purchased from a K-Mart store, K-Mart filed a third party complaint against C & S Chairs, Inc. ("C & S"), manufacturer of the swing, and Chairs, Inc. ("Chairs"), the distributor. We reverse in part and affirm in part.

K-Mart sold a porch swing set to Willis Stuhr in 1979. Stuhr assembled...

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