Mrs. Hardy Horne v. Armstrong Products Corporation, and Sears, Roebuck and Company, Co-Defendant-Appellee

Pursuant to Rule 18 of the Rules of this court, we have concluded on the merits that this case is of such character as not to justify oral argument and have directed the clerk to place the case on the Summary Calendar and to notify the parties in writing. See Murphy v. Houma Well Service, 5 Cir., 1969, 409 F.2d 804.

John Roger Horne, nineteen, died of asphyxiation while sleeping in a closed room, heated by a gas fired space heater manufactured by Armstrong Products Corporation and sold by Sears, Roebuck and Company. The undisputed cause of death was carbon monoxide emitted by the heater.

The…