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CHUTE v. SEARS ROEBUCK AND CO.

No. 97-1988.

143 F.3d 629 (1998)

James A. CHUTE, Plaintiff, Appellant, v. SEARS ROEBUCK AND COMPANY and Emerson Electric Company, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 1, 1998.

Attorney(s) appearing for the Case

John F. Kehoe with whom Daly, Kehoe & Crosson, L.L.P. was on brief, for appellant.

David A. Barry with whom William L. Boesch and Sugarman, Rogers, Barshak & Cohen, P.C. were on brief, for appellees.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and BOUDIN, Circuit Judge.

BOUDIN, Circuit Judge.

James A. Chute was seriously injured when an unknown object, possibly a piece of wood, struck him below his left eye. The object was thrown by a "Sears Craftsman" radial arm saw operated by his employees. Chute sued the saw's seller, Sears, Roebuck & Co., on theories of negligence and breach of warranty in Massachusetts Superior Court. Sears removed the case to the district court on grounds of diversity, and Chute amended his complaint to...

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