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COULTER v. SEARS, ROEBUCK AND CO.

No. 28282.

426 F.2d 1315 (1970)

Glenn Earl COULTER and wife, Eldera Coulter, Plaintiffs, v. SEARS, ROEBUCK AND CO., Defendant and Third-Party Plaintiff-Appellant, v. WARWICK ELECTRONICS, INC., Third-Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 13, 1970.

Attorney(s) appearing for the Case

Donald M. Hunt, Lubbock, Tex., for appellant.

Kenneth Bowlin, Cade & Bowlin, Alton R. Griffin, W. Gordon Dickinson, Crenshaw, Dupree & Milam, Lubbock, Tex., for appellee.

Before RIVES, GEWIN and INGRAHAM, Circuit Judges.

GEWIN, Circuit Judge:

Earl and Eldera Coulter, residents of Texas, purchased a Model 6184 Silvertone Color Console television from Sears, Roebuck and Company in Lubbock, Texas. In February 1967 the television allegedly burst into flames partially destroying their home. The Coulters filed suit against Sears in the Lubbock County District Court seeking damages of $14,991.02. Sears, a New York corporation, removed the action to the United States District Court under...

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