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HOWARD v. McCRORY CORP.

No. 77-2527.

601 F.2d 133 (1979)

Susanne Berry HOWARD, Individually and in her capacity as Personal Representative of the Estate of John Eager Howard, Jr., and as Personal Representative of the Estate of Robert Berry Howard, a minor, Appellant, v. McCRORY CORPORATION, Successor to Best & Company, a Delaware Corporation, and S. S. Kresge Company, a Michigan Corporation, and Standard Knitting Mills, Inc., a Tennessee Corporation, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 25, 1979.

Attorney(s) appearing for the Case

Francis N. Iglehart, Jr., Towson, Md. (Leonard Decof, Providence, R. I., on brief), for appellant.

H. Emslie Parks, Towson, Md. (T. Bruce Hanley, Wright & Parks, Towson, Md., on brief), Jeffrey B. Smith, Baltimore, Md. (Michael A. Pretl, Smith, Somerville & Case, Baltimore, Md., on brief), R. Roger Drechsler, Baltimore, Md. (J. Paul Mullen, Lord, Whip, Coughlan & Green, Baltimore, Md., on brief), for appellees.

Before BRYAN, Senior Circuit Judge, and RUSSELL and PHILLIPS, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

This is a products liability case. The products involved are a cotton terry cloth robe and a cotton knit, plastic-footed sleeper set of pajamas. The robe was purchased on December 5, 1969, at Best & Company, a subsidiary of the defendant McCrory Corporation (hereafter designated McCrory), and had been supplied McCrory allegedly by the defendant Tom & Jerry Boys Wear, Inc. (hereafter designated Boys Wear). The pajamas, with the...

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