Cohen v. Proctor & Gamble Distributing Co.

LEAHY, Chief Judge.

Plaintiff seeks to recover damages caused, he alleges, by the use of “Cheer”, a product either manufactured, packaged, sold or distributed by defendant.1 Defendant moved for summary judgment under Fed.Rules Civ.Proc. rule 56, 28 U.S.C. because it does not manufacture, package, or advertise the product, but purchases it in sealed packages from the manufacturer and in turn sells and distributes it throughout the country. Plaintiff then directed certain interrogatories to defendant under FR 33 designed to ascertain the inter-corporate relationship of defendant, The Proctor and…