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PHAV v. TRUEBLOOD, INC.

No. 90-1177.

915 F.2d 764 (1990)

Chat PHAV, Plaintiff, Appellee, v. TRUEBLOOD, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 28, 1990.

Attorney(s) appearing for the Case

D. Alice Olsen, with whom Lee Stephen MacPhee, Thomas M. Elcock and Morrison, Mahoney and Miller were on brief, for appellant.

Robert J. Doyle, with whom Kehoe, Doyle, Playter and Novick, Edward J. Santella, Kathleen M. Curley and the Office of Edward J. Santella were on brief, for appellee.

Before TORRUELLA, Circuit Judge, BOWNES, Senior Circuit Judge, and CYR, Circuit Judge.

BOWNES, Senior Circuit Judge.

Plaintiff Chat Phav lost the ends of two fingers in an accident at his place of work while operating a machine manufactured by defendant Trueblood, Inc. Phav, a Massachusetts resident, sued Trueblood, an Ohio corporation, in federal district court on the basis of diversity, claiming negligence and breach of implied warranty of merchantability under Massachusetts law.1

At trial, the judge submitted...

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