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PURKEY v. SEARS, ROEBUCK & COMPANY

No. 15174.

220 F.2d 700 (1955)

David Allen PURKEY, by next friend, D. A. Purkey, v. SEARS, ROEBUCK & COMPANY.

United States Court of Appeals, Fifth Circuit.

March 30, 1955.

Attorney(s) appearing for the Case

Frank Grizzard, John I. Kelley, Thomas B. Branch, Jr., Atlanta, Ga., for appellant.

Edgar A. Neely, Jr., Atlanta, Ga. (Marshall, Greene & Neely, Atlanta, Ga., of counsel), for appellee.

Before HUTCHESON, Chief Judge, HOLMES, Circuit Judge, and DAWKINS, District Judge.

DAWKINS, District Judge.

In the spring of 1951, one McMillan purchased from appellee a Craftsman lawn mower, distributed but not manufactured by appellee. The machine was powered by a gasoline motor and had a rotary blade which revolved at a high rate of speed. The blade was adjustable to three positions and was underneath and partially enclosed by a metal plate which was the base. Substantial metal parts enclosed the blade on the sides of the machine, except for...

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