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COMMERCIAL U. ASSUR. CO. v. SEARS, ROEBUCK & CO.

No. 81-2289.

716 F.2d 606 (1983)

COMMERCIAL UNION ASSURANCE COMPANIES, Plaintiff-Appellant, v. SEARS, ROEBUCK AND CO. and Whirlpool, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 7, 1983.

Attorney(s) appearing for the Case

J. Warren Jackman, Pray, Walker, Jackman, Williamson & Marlar, Tulsa, Okl. (William D. Lunn, Jr., Pray, Walker, Jackman, Williamson & Marlar, Tulsa, Okl., with him on brief), for plaintiff-appellant.

Dennis J. Downing, Tulsa, Okl. (David R. Milsten, Tulsa, Okl., with him on brief), for defendants-appellees.

Before HOLLOWAY and DOYLE, Circuit Judges, and BREITENSTEIN, Senior Circuit Judge.

WILLIAM E. DOYLE, Circuit Judge.

The plaintiff herein is Commercial Union Assurance Companies. The action was brought in the United States District Court for the Northern District of Oklahoma. The defendants were Sears, Roebuck and Co., the retailer of the subject washing machine, and Whirlpool, Inc., the manufacturer of the Kenmore washing machine. In a subrogation action, plaintiff's claim was that the washing machine, as a result of defective design, caused a fire...

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