Michael Gootee and Marlene Gootee v. Colt Industries, Inc., a Corporation

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 of design” theory. The jury found that Colt had not breached such a warranty and the judgment of “no cause of action” was…