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ELY v. BLEVINS

No. 82-1848.

706 F.2d 479 (1983)

Myron Ray ELY, Appellee, v. Earl BLEVINS, Cora Blevins, Appellants, and R.F. Sturgill, Joe Anderson, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided May 3, 1983.

Attorney(s) appearing for the Case

Wade W. Massie, Abingdon, Va. (G.R.C. Stuart, Penn, Stuart, Eskridge & Jones, Abingdon, Va., on brief), for appellants.

Mary Lynn Tate, Abingdon, Va. (Emmitt F. Yeary, Yeary, Tate, Detrick & Wright, P.C., Abingdon, Va., on brief), for appellee.

Before WINTER, Chief Judge, ERVIN, Circuit Judge, and ALDRICH, Senior Circuit Judge.

PER CURIAM:

Plaintiff Ely and wife spent a night in July, 1979 at the Empire Motor Lodge, owned by defendants Blevins. After his wife had used the tub, plaintiff showered in the combination shower and bath. Finishing, he turned off the cold water, and immediately sought to turn off the hot. The handle, however, "just spun . . . around without meshing." Apparently the cap screw had loosened, and the splines were worn, and had disengaged. The water became extremely...

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