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SWEARNGIN v. SEARS ROEBUCK & COMPANY

No. 8626.

376 F.2d 637 (1967)

Robert Fred SWEARNGIN, Appellant, v. SEARS ROEBUCK & COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

March 30, 1967.

Attorney(s) appearing for the Case

John E. Shamberg, Edward G. Collister, Jr., Jacob F. May, Kansas City, Kan. (Joseph Cohen, Charles S. Schnider, Gerald T. Elliott, Kansas City, Kan., on brief), for appellant.

J. Willard Haynes, Kansas City, Kan. (Sam D. Parker, Joseph E. Stevens, Jr., Daniel M. Dibble, Kansas City, Mo., on brief; Arnstein, Gluck, Weitzenfeld & Minow, Chicago, Ill., and Lathrop, Righter, Gordon & Parker, Kansas City, Mo., of counsel), for appellee.

Before PICKETT, LEWIS, and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

On April 25, 1961, Gary Whittaker, a home owner in Mission Hills, Kansas, purchased a 20" Craftsman Rotary Power Lawn Mower, Model No. 9135, from appellee's retail establishment in Kansas City, Missouri. The tradename "Craftsman" was the sole property of appellee. The mower housing was manufactured, and the machine assembled, by a wholly owned subsidiary corporation. On the following day an employee of Whittaker used the machine to mow the lawn...

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