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RIVERS v. LEITMAN

No. 8895.

317 F.2d 102 (1963)

Curtis F. RIVERS, Appellee, v. J. LEITMAN, sometimes known as Jake Leitman, in his own right and trading as Exchange Sales Company and Joe Leitman in his own right and as Manager of Exchange Sales Company, Appellants, and Sperry Rand Corporation, a Delaware Corporation, Sperry Gyroscope Corporation, a Delaware Corporation, and the United States of America, Appellees.

United States Court of Appeals Fourth Circuit.

Decided April 25, 1963.

Attorney(s) appearing for the Case

William L. Shapero and Maurice B. Shapero, Norfolk Va. (Shapero & Shapero on the brief), for appellants.

Francis H. Hare, Birmingham, Ala., and George E. Allen (Ashby B. Allen, Richmond, Va., Hare, Wynn, Newell & Newton, Birmingham, Ala., and Allen, Allen, Allen & Allen, Richmond, Va., on the brief) for appellee, Curtis F. Rivers.

Paul M. Bernstein, New York City (Edward L. Ryan, Jr., Albany, N. Y., Chadbourne, Parke, Whiteside & Wolff, New York City, and White, Ryan & Reynolds, Albany, N. Y., on the brief), for appellees, Sperry Rand Corp., and Sperry Gyroscope Corp.

Roger T. Williams, Asst. U. S. Atty. (C. V. Spratley, Jr., U. S. Atty., on the brief) for appellee, United States.

Before SOBELOFF, Chief Judge, BRYAN, Circuit Judge, and HARRY E. WATKINS, District Judge.

HARRY E. WATKINS, District Judge.

Defendants (Leitmans) own and operate a store in which they sell war surplus materials. Plaintiff, Rivers, entered the premises as a prospective purchaser. As he approached Joe Leitman and spoke to him, Leitman held in his hand a gyro-horizon indicator.1 Although Leitman knew nothing about the instrument or how it should be tested, he was attempting to operate it with a hose attached to a tank containing...

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