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CATES v. SEARS, ROEBUCK & CO.

Nos. 89-4879, 90-4181.

928 F.2d 679 (1991)

Charles Anthony CATES and Donna Gwynn Cates, Individually and as Administrator to the Estate of Their Minor Child, Seth Cates, Plaintiffs-Appellants, Cross-Appellees, v. SEARS, ROEBUCK & CO. and Emerson Electric Co., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

April 1, 1991.

Attorney(s) appearing for the Case

Lawrence W. Pettiette, Jr., J. Jay Caraway, Blanchard, Walker, O'Quin & Tobers, Shreveport, La., for plaintiffs-appellants, cross-appellees.

Paul V. Cassisa, Sr., Carl J. Griffin, Jr., Bernard, Cassisa, Saporita & Elliott, Metairie, La., for defendants-appellees, cross-appellants.

Before POLITZ, WILLIAMS, and SMITH, Circuit Judges.

POLITZ, Circuit Judge:

Injured while using a power saw built by Emerson Electric Company and marketed as its own by Sears, Roebuck & Co. (hereafter collectively referred to as "Sears"), Charles Anthony Cates, joined by his wife,1 filed suit seeking a refund of the purchase price in a redhibitory action and damages for a products liability claim. The jury awarded a refund of the purchase price and damages in the ex delicto claim...

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