Legal Opinion

Herman Smith, Jr. v. Sturm, Ruger & Co., Inc.

Court of Appeals for the Ninth Circuit

Decided October 14, 1975No. 74-3271PublishedCited by 21 opinions

1Opinion of the Court

OPINION

Before DUNIWAY, TRASK and SNEED, Circuit Judges. PER CURIAM:

This is an appeal from the dismissal of an action by the United States District Court for the District of Alaska for breach of express and implied warranties of merchantability. Jurisdiction in federal court is based upon 28 U.S.C. § 1332 (diversity of citizenship).

The plaintiff in the court below was the owner of a pistol manufactured by the defendant. The pistol discharged while holstered, injuring the plaintiff, in May of 1970. In 1973, the plaintiff brought an action in state court alleging (1) breach of express and…

2Cases cited7 opinions

  1. Bachner v. PearsonAlaska Supreme Court · 1970
  2. Clary v. Fifth Avenue Chrysler Center, Inc.Alaska Supreme Court · 1969
  3. Frieda Klingebiel and Henry Klingebiel v. Lockheed Aircraft Corporation, a California CorporationCourt of Appeals for the Ninth Circuit · 1974
  4. William Neil Turnbull v. Josephine Bonkowski and Leonard KingCourt of Appeals for the Ninth Circuit · 1969
  5. Anderson v. Fairchild Hiller CorporationDistrict Court, D. Alaska · 1973

2 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. McLINN v. FJORDCourt of Appeals for the Ninth Circuit · 1984
  2. Ryan v. Foster & Marshall, Inc.Court of Appeals for the Ninth Circuit · 1977
  3. United States v. H. E. Crain and Ethel E. Crain, Husband and Wife, and Coconino County, ArizonaCourt of Appeals for the Ninth Circuit · 1979
  4. Pankow Construction Co. v. Advance Mortgage Corp.Court of Appeals for the Ninth Circuit · 1980
  5. Ritzau v. Warm Springs WestCourt of Appeals for the Ninth Circuit · 1979

16 more not listed; retrieve them via the Exa API.

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