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ALVARADO v. J.C. PENNEY CO., INC.

No. 92-3244.

997 F.2d 803 (1993)

Margarita Sue ALVARADO, Plaintiff, v. J.C. PENNEY CO., INC., Defendant-Appellant, and Crowntuft Manufacturing Corp., Inc., and Milco Industries, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 30, 1993.

Attorney(s) appearing for the Case

Kevin L. Bennett, (Robert J. Luder with him on the brief), Wallace, Saunders, Austin, Brown & Enochs, Chtd., Overland Park, KS, for defendant-appellant.

Steve R. Fabert, Fisher, Patterson, Sayler & Smith, Topeka, KS, for defendant-appellee Crowntuft Mfg.

Bruce Keplinger (Julie A.N. Sample with him on the brief), Payne & Jones, Chtd., Overland Park, KS, for defendant-appellee Milco Industries, Inc.

Before EBEL, BARRETT and KELLY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

Plaintiff Alvarado filed this action in December 1983, after the nightgown she had purchased at a J.C. Penney's department store caught fire. Plaintiff amended her complaint on October 2, 1985, adding Appellees Milco Industries, the alleged manufacturer of the nightgown worn by Plaintiff, and Crowntuft Manufacturing Corp., the alleged manufacturer of the robe worn by Plaintiff, as Defendants. Milco moved to dismiss, arguing that the...

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