PURVIS v. CONSOLIDATED ENERGY PRODUCTS CO.

No. 81-1107.

674 F.2d 217 (1982)

Preston B. PURVIS, Appellee, v. CONSOLIDATED ENERGY PRODUCTS COMPANY, a division of Condec Corporation, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 8, 1982.

Rehearing and Rehearing Denied April 15, 1982.


Attorney(s) appearing for the Case

William L. Rikard, Jr., Sydnor Thompson, Charlotte, N.C. (M. Craig Garner, Jr., Columbia, S.C., on brief), for appellant.

James T. McBratney, Jr., Florence, S.C. (Thomas E. Rogers, Jr., Florence, S.C., on brief), for appellee.

Before HARRISON L. WINTER, Chief Judge, ALBERT V. BRYAN, Senior Circuit Judge, and K. K. HALL, Circuit Judge.


Rehearing and Rehearing En Banc Denied April 15, 1982.

HARRISON L. WINTER, Chief Judge:

Lacking a controlling state authority, we are called upon in this diversity case to decide whether, under the law of South Carolina, a plaintiff engaged in the business of raising and curing tobacco can recover under South Carolina's strict liability statute, S.C.Code § 15-73-10 (1976), for losses to his crops allegedly caused by a defective curing barn purchased from...

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