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DALLISON v. SEARS, ROEBUCK AND CO.

No. 6979.

313 F.2d 343 (1962)

Elizabeth Margaret DALLISON and Max Dallison, Appellants, v. SEARS, ROEBUCK AND CO., a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

December 27, 1962.

Attorney(s) appearing for the Case

Robert W. Johnson, Aurora, Colo., for appellant.

Thomas E. McCarthy, Denver, Colo. (Robert S. Mitchell, Denver, Colo., on the brief), for appellee.

Before PICKETT, BREITENSTEIN and HILL, Circuit Judges.

HILL, Circuit Judge.

Appellants, Elizabeth Margaret and Max Dallison, brought this diversity action against appellee, Sears, Roebuck and Co., to recover damages for personal injuries suffered by Elizabeth as the result of the burning of a nightgown which she was wearing. The complaint alleged a breach of implied warranty in the sale of the nightgown under the provisions of the Colorado Uniform Sales Act.

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