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CARNEY v. SEARS, ROEBUCK AND CO.

No. 8602.

309 F.2d 300 (1962)

Alfonso Linwood CARNEY, Appellant, v. SEARS, ROEBUCK AND CO., Appellee.

United States Court of Appeals Fourth Circuit.

Decided September 27, 1962.

Attorney(s) appearing for the Case

Louis B. Fine, Norfolk, Va. (Howard I. Legum, Norfolk, Va., on brief), for appellant.

Robert M. Furniss, Jr., Norfolk, Va. (Taylor, Gustin, Harris & Furniss, Norfolk, Va., on brief), for appellee.

Before SOBELOFF, Chief Judge, and BRYAN and BELL, Circuit Judges.

J. SPENCER BELL, Circuit Judge.

This is an appeal from a judgment for the defendant in the District Court for the Eastern District of Virginia sitting without a jury. Plaintiff is a barber who lives in Norfolk, Virginia, and operates a barber shop and beauty shop there. On June 5, 1959, he purchased a six foot wooden stepladder from Sears, Roebuck & Company, for which he paid $8.98. Plaintiff contended that sixteen months later the ladder collapsed while he was...

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