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METZGAR v. PLAYSKOOL INC.

No. 93-3508.

30 F.3d 459 (1994)

Ronald W. METZGAR, Maureen Ingram, co-administrators of estate of Matthew C. Metzgar, deceased, Appellants, v. PLAYSKOOL INC., a corporation, K Mart Corp., a corporation.

United States Court of Appeals, Third Circuit.

Decided July 22, 1994.

Attorney(s) appearing for the Case

Kevin R. Lomupo, Gilardi & Cooper, Alfred S. Pelaez (argued), Pittsburgh, PA, for appellants.

Edward A. Yurcon, (argued), William M. Adams, Anstandig, Levicoff & McDyer, Pittsburgh, PA, for appellees.

Before BECKER, MANSMANN and SCIRICA, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

Fifteen month old Matthew Metzgar was tragically asphyxiated to death on a purple half-column Playskool building block. In resolving his parents' civil action against the manufacturer and the retailer of the toy, brought under Pennsylvania's negligence and strict product liability rules of law, the district court entered summary judgment for the defendants on all four counts of the complaint.

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