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COHEN v. STEVE'S FRANCHISE CO., INC.

No. 90-2070.

927 F.2d 26 (1991)

David L. COHEN, Plaintiff, Appellee, v. STEVE'S FRANCHISE CO., INC., and Steve's Ice Cream, Inc., Defendants, Appellants, v. Paul CURRY and Philip Katz, Trustees of C & K Investment Trust, Third-Party Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 28, 1991.

Attorney(s) appearing for the Case

Francis X. Kiley with whom Linehan, Gallagher and Mahoney, was on brief, Boston, Mass., for defendants-appellants.

Jason G. Yarvitz, Wakefield, Mass., with whom Law Office of William J. Dignan, was on brief, Quincy, Mass., for third-party defendants, appellees.

Before CAMPBELL, and SELYA, Circuit Judges, and BOWNES, Senior Circuit Judge.

LEVIN H. CAMPBELL, Circuit Judge.

The original plaintiff in this diversity case, David Cohen, sustained personal injuries in a fire while he was employed at a Steve's Ice Cream booth in Faneuil Hall Marketplace in Boston. Cohen sought damages from, inter alia, defendant Steve's Franchise Co., Inc. and Steve's Ice Cream, Inc., (collectively, "Steve's"), as well as others allegedly involved in the manufacture and distribution of a certain flammable orange extract...

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