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BITSOS v. RED OWL STORES, INC.

Nos. 71-1270, 71-1271.

459 F.2d 656 (1972)

Anthony (Tony) BITSOS, Appellee, v. RED OWL STORES, INC., Appellant. Anthony (Tony) BITSOS, Appellant, v. RED OWL STORES, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 24, 1972.

Attorney(s) appearing for the Case

Gerald L. Reade, John R. Kabeiseman, Brady, Kabeiseman, Light & Reade, Yankton, S. D., for Anthony (Tony) Bitsos.

Timothy J. Nimick, Woods, Fuller, Shultz & Smith, Sioux Falls, S. D., for Red Owl Stores, Inc.

Before GIBSON and HEANEY, Circuit Judges, and VAN PELT, Senior District Judge.

HEANEY, Circuit Judge.

This is a diversity case in which the plaintiff, Anthony (Tony) Bitsos, brought suit against Red Owl Stores, Inc., for physical injuries sustained in a fall on Red Owl's premises while Bitsos was there as a business invitee.

Bitsos was self-employed in the refrigeration business. The defendant, Red Owl, is a supermarket chain with a store located in Yankton, South Dakota, where the accident occurred. On Sunday morning, August 18, 1968...

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