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VINCENT v. LOUIS MARX & CO., INC.

No. 88-1554.

874 F.2d 36 (1989)

Stacy Marie VINCENT, et al., Plaintiffs, Appellants, v. LOUIS MARX & CO., INC., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided May 3, 1989.

As Amended May 9, 1989.

Attorney(s) appearing for the Case

Edward M. Swartz with whom Alan L. Cantor and Swartz & Swartz, Boston, Mass., were on brief, for plaintiffs, appellants.

Patrick F. Brady with whom Nelson G. Apjohn, Andrew Agrawal and Nutter, McClennen & Fish, Boston, Mass., were on brief, for defendant, appellee Quaker Oats Co.

Before BOWNES, ALDRICH, and BREYER, Circuit Judges.

BOWNES, Circuit Judge.

This is an appeal from a jury verdict finding defendant Louis Marx & Co., Inc. not liable for injuries suffered by plaintiff-appellant Stacy Vincent. At the time she was injured, Stacy Vincent was five years old. She was riding a tricycle manufactured by defendant when she was struck by an automobile. Stacy and her mother brought this product liability action against defendant. Jurisdiction is based on diversity of citizenship. The necessary...

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