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COSTILLA v. ALUMINUM CO. OF AMERICA

No. 86-2652.

835 F.2d 578 (1988)

Ralph R. COSTILLA, Plaintiff-Appellee, v. ALUMINUM COMPANY OF AMERICA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 12, 1988.

Attorney(s) appearing for the Case

Rolando Leon, Robert B. Summers, San Antonio, Tex., for defendant-appellant.

Phillip R. Spicer, Jr., Robert K. Kahn, San Antonio, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, CAROLYN DINEEN KING and DAVIS, Circuit Judges.

(Opinion September 18, 1987, 5th Cir.1987, 826 F.2d 1444)

W. EUGENE DAVIS, Circuit Judge:

We withdraw our writing in part IIA of our former opinion 826 F.2d 1444, 1447 (5th Cir.1987) and our conclusion at 1448.

We persist in rejecting plaintiff's argument that his recovery may be sustained by the jury finding in response to Interrogatory No. 10 that "the bottle cap was unfit for...

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