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GILLESPIE v. SEARS, ROEBUCK & CO.

No. 03-2087.

386 F.3d 21 (2004)

James GILLESPIE and Deborah Gillespie, Plaintiffs, Appellees, v. SEARS, ROEBUCK & COMPANY and Emerson Electric Company, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided October 6, 2004.

Attorney(s) appearing for the Case

William L. Boesch with whom David A. Barry and Sugarman, Rogers, Barshak & Cohen, P.C. were on brief, for appellants.

Michael B. Flynn with whom Lori A. Wirkus and Flynn & Associates, P.C. were on brief, for appellees.

Before BOUDIN, Chief Judge, TORRUELLA and DYK, Circuit Judges.

BOUDIN, Chief Judge.

In 1998, Frank Gillespie was working as a locksmith after many years in various building trades. In September of that year, he asked his employer to let him keep its 10-inch table saw at his house for work and personal use, and his employer agreed. The saw, which he received from coworker Michael Kane, had been designed and manufactured by Emerson Electric Co. and sold by Sears, Roebuck & Co. under the Craftsman brand. Kane did not give Gillespie...

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