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GRAND-MORGAN THEATRE CO. v. KEARNEY

No. 8649.

40 F.2d 235 (1930)

GRAND-MORGAN THEATRE CO. v. KEARNEY.

Circuit Court of Appeals, Eighth Circuit.

March 20, 1930.

Attorney(s) appearing for the Case

Ralph T. Finley, of St. Louis, Mo. (James C. Jones, Lon O. Hocker, Frank H. Sullivan, and James C. Jones, Jr., all of St. Louis, Mo., on the brief), for appellant.

J. M. Feigenbaum, of St. Louis, Mo., for appellee.

Before VAN VALKENBURGH and BOOTH, Circuit Judges, and DEWEY, District Judge.

DEWEY, District Judge.

Appellee, George H. Kearney, hereinafter referred to as plaintiff, attended a cinematographic show in a theater owned by Grand-Morgan Theatre Company, appellant, hereinafter referred to as defendant. While going down one of the aisles in the balcony, he fell and received the injuries resulting in the damage sought to be recovered in this suit.

His story, as told on the witness stand, is that...

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