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FORTIER v. OLIN CORP.

No. 87-1168.

840 F.2d 98 (1988)

Henry FORTIER and Raymond Croteau, Plaintiffs, Appellees, v. OLIN CORPORATION, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 18, 1988.

Attorney(s) appearing for the Case

Howard B. Myers with whom David J. Braiterman and Myers, Jordan & Duffy, Concord, N.H., were on brief, for defendant, appellant.

Frank E. Kenison with whom Brown and Nixon, P.C., Manchester, N.H., was on brief, for plaintiffs, appellees.

Before COFFIN, BOWNES and TORRUELLA, Circuit Judges.

BOWNES, Circuit Judge.

This diversity tort action arises out of a hunting accident near Berlin, New Hampshire, on November 2, 1977, involving three teenage cousins, Henry Fortier, Raymond Croteau, and Paul Croteau. Paul was walking behind Henry and Raymond carrying a Winchester Model 94.30 caliber rifle.1 Paul stumbled and fell. The rifle discharged; the bullet passed through Raymond's left foot and then pierced Henry's right foot where...

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