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BRYANT v. SEARS, ROEBUCK & COMPANY

No. 13894.

435 F.2d 953 (1970)

Leslie E. BRYANT, Ernestine F. Bryant, and Nationwide Mutual Fire Insurance Company, Appellants, v. SEARS, ROEBUCK & COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 14, 1970.

Attorney(s) appearing for the Case

Joe N. Patton, Huntington, W. Va. (Levy & Patton, Huntington, W. Va., on the brief), for appellants.

John F. Wood, Jr., Huntington, W. Va. (Jenkins, Schaub & Fenstermaker, Huntington, W. Va., on the brief), for appellee.

Before BOREMAN, BRYAN and WINTER, Circuit Judges.

BOREMAN, Circuit Judge:

Leslie E. Bryant and Ernestine F. Bryant instituted an action against Sears, Roebuck & Company (hereafter Sears) for recovery of damages to a dwelling house and contents resulting from a fire allegedly caused by defective heating equipment purchased from Sears and/or improper installation of such heating equipment by Sears in said dwelling house. Nationwide Mutual Fire Insurance Company, an insurance carrier which was responsible to the...

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