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GOOTEE v. COLT INDUSTRIES, INC.

No. 80-1091.

712 F.2d 1057 (1983)

Michael GOOTEE and Marlene Gootee, Plaintiffs-Appellants, v. COLT INDUSTRIES, INC., A Corporation, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 14, 1983.

Rehearing Denied August 19, 1983.

Attorney(s) appearing for the Case

Balfour Peisner (argued), Detroit, Mich., for plaintiffs-appellants.

James S. Goulding (argued), Detroit, Mich., for defendant-appellee.

Before JONES, Circuit Judge, WEICK, Senior Circuit Judge, and SILER, District Judge.

NATHANIEL R. JONES, Circuit Judge.

Plaintiffs-appellants, Michael and Marlene Gootee, appeal from a judgment of no cause of action entered in favor of the defendant-appellee, Colt Industries, in this diversity action alleging negligence, breach of warranty and misrepresentation in the design and sale of the Colt .45 automatic. The district court directed a verdict in favor of Colt on the misrepresentation claim and submitted the case to the jury on a "breach of warranty...

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