Siegel v. Braniff Airways Incorporated

LEVET, District Judge.

The defendant Lockheed Aircraft Corporation (hereinafter designated as “Lockheed”) has moved pursuant to Rule Í2(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. for an order dismissing the second and fifth alleged causes of action in the complaint for failure to state claims upon which relief can be granted. The question involved is whether these claims, which are predicated upon breach of implied warrant of quality and fitness, must be dismissed upon the ground that there was lack of privity between plaintiff and the defendant.

This action seeks recovery for…