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COLE v. KELLER INDUSTRIES, INC.

No. 94-2576.

132 F.3d 1044 (1998)

David D. COLE, Plaintiff-Appellant, v. KELLER INDUSTRIES, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 6, 1998.

Attorney(s) appearing for the Case

ARGUED: Thomas Bryan Byrne, Richmond, VA, for Appellant. Terrence Mitchell Bagley, Sr., Mcguire, Woods, Battle & Boothe, L.L.P., Richmond, VA, For Appellee. ON BRIEF: Stephanie L. Karfias, Mcguire, Woods, Battle & Boothe, L.L.P., Richmond, VA, for Appellee.

Before RUSSELL, WIDENER and HALL, Circuit Judges.

Vacated and remanded by published opinion. Judge Widener wrote the opinion, in which Judge Russell and Judge Hall joined.

OPINION

WIDENER, Circuit Judge:

Plaintiff-appellant David Cole appeals the grant of summary judgment against him in his suit alleging products liability and breach of warranty against defendant-appellee Keller Industries, Inc. We vacate and remand.

In June, 1991, David Cole, an apartment maintenance man, was injured while...

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