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TODD v. SOCIETE BIC, S.A.

No. 92-1201.

21 F.3d 1402 (1994)

Rodney TODD, as Special Administrator of the Estate of Tiffany Todd, Plaintiff-Appellant, v. SOCIETE BIC, S.A., and Bic Corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Certified November 12, 1993.

Certification Denied November 22, 1993.

Decided April 12, 1994.

Rehearing and Suggestion for Rehearing Denied May 26, 1994.

Attorney(s) appearing for the Case

Donald J. Nolan, Joseph T. McGuire (argued), Chicago, IL, for plaintiff-appellant.

Thomas H. Fegan, Johnson & Bell, Jeffrey M. Rubin, David A. Bonoma, Pope, Cahill & Devine, Chicago, IL, Michael S. Ryan, William L. Moran (argued), Murnane, Conlin, White, Brandt & Hoffman, St. Paul, MN, for defendants-appellees.

Before POSNER, Chief Judge, and CUMMINGS, BAUER, CUDAHY, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION, KANNE, and ROVNER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied May 26, 1994.

MANION, Circuit Judge.

Two-year-old Tiffany Todd died tragically when four-year-old Cori Smith used a Bic lighter to start a fire in Tiffany's bedroom. Tiffany's estate sued the lighter manufacturer and the district court granted summary judgment in favor of the defendants. After rehearing the appeal en banc,1 a majority of

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