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FLOWERS v. TANDY CORP.

No. 85-1064.

773 F.2d 585 (1985)

Elizabeth Graham FLOWERS; Frankie Dukes, Appellees, v. TANDY CORPORATION, Appellant, and William Lee Flowers; Martha Floyd Graham, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 25, 1985.

Attorney(s) appearing for the Case

Samuel F. Painter, Columbia, S.C. (Nexsen Pruet Jacobs & Pollard, Columbia, S.C. on brief), for appellant.

James T. McLaren, Columbia, S.C. (C. Dixon Lee, III; Draine, McLaren & Lee, P.A., Columbia, S.C., Jan L. Warner, Sumter, S.C., on brief), for appellees.

Before WINTER, Chief Judge, PHILLIPS, Circuit Judge, and BUTZNER, Senior Circuit Judge.

JAMES DICKSON PHILLIPS, Circuit Judge:

Tandy Corporation (Tandy) appeals a judgment upon a jury verdict finding Tandy liable for damages to appellees Elizabeth Flowers and Frankie Dukes as a result of Tandy's selling a telephone recording control device to William Flowers who then used it to intercept telephone conversations between the appellees. We hold that the district court erred in submitting the case to the jury on the theory that Tandy might be civilly liable...

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