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TRACEY BY TRACEY v. WINCHESTER REPEATING ARMS CO.

Civ. A. No. 87-0207.

745 F.Supp. 1099 (1990)

Tara TRACEY, a minor by her parents and natural guardians William TRACEY and Lorraine Tracey, and William and Lorraine Tracey, in their own right v. WINCHESTER REPEATING ARMS COMPANY, Western Cartridge Company, Olin Industries, Olin Corporation, Olin Corporation, Winchester Group, U.S. Repeating Arms Company, and John Doe Corporation.

United States District Court, E.D. Pennsylvania.

August 28, 1990.

Attorney(s) appearing for the Case

Richard E. Genter, Philadelphia, Pa., for plaintiffs.

John J. Hatzell, Jr., Philadelphia, Pa., for defendants.

MEMORANDUM

O'NEILL, District Judge.

I. Introduction.

This is a product liability action. Plaintiffs1 allege that on January 12, 1985 a Winchester Model 1897 shotgun discharged and injured plaintiff Tara Tracey. Plaintiffs' Complaint contains five counts alleging strict liability, negligence, breach of warranty, medical expenses and wanton, reckless and/or intentional misconduct. Defendants2

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