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ORTHOPEDIC EQUIPMENT CO. v. EUTSLER

No. 8002.

276 F.2d 455 (1960)

ORTHOPEDIC EQUIPMENT CO., Incorporated, Appellant, v. Dennis EUTSLER, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 14, 1960.

Attorney(s) appearing for the Case

James H. Simmonds, Arlington, Va. (Howard M. Murphy, Arlington, Va., on brief), for appellant.

David G. Bress, Washington, D. C., and Hardy C. Dillard, Charlottesville, Va. (John T. Camblos, Charlottesville, Va., Leonard Braman, Newmyer & Bress, Washington, D. C. and Michie, Taylor, Camblos & Deets, Charlottesville, Va., on brief), for appellee.

Before SOBELOFF, Chief Judge, and SOPER and BOREMAN, Circuit Judges.

SOBELOFF, Chief Judge.

A manufacturer of surgical instruments and equipment, an Indiana corporation known as Orthopedic Equipment Company, Inc., is accused in this diversity action of misbranding a surgical nail which became stuck in the plaintiff's leg in the course of an operation. From a judgment for $75,000 in favor of Dennis Eutsler, the plaintiff, a resident of Virginia, the defendant appeals.

The circumstances out of which the action arises are as follows...

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