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BARNES v. SEARS, ROEBUCK AND COMPANY

No. 12352.

406 F.2d 859 (1969)

Leslie S. BARNES, Jr., Appellant, v. SEARS, ROEBUCK AND COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided February 6, 1969.

Attorney(s) appearing for the Case

Stuart R. Hays, Norfolk, Va. (Amato, Babalas, Breit, Cohen, Rutter & Friedman, Norfolk, Va., on brief), for appellant.

William T. Prince, Norfolk, Va. (Williams, Worrell, Kelly & Worthington, Norfolk, Va., on brief), for appellee.

Before BOREMAN and BUTZNER, Circuit Judges, and McMILLAN, District Judge.

BUTZNER, Circuit Judge:

The facts in this products liability case are simple. Only the dates are important at this stage of the litigation. In December 1964, the plaintiff, Leslie S. Barnes, Jr., bought a bicycle from the defendant, Sears, Roebuck & Company. On August 30, 1965, he was injured while riding the bicycle. On January 9, 1967, more than two years after the sale but less than two years after his injury, Barnes sued Sears charging it with negligence in...

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