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PHILLIPS PETROLEUM CO. v. MILLER

No. 10409.

84 F.2d 148 (1936)

PHILLIPS PETROLEUM CO. v. MILLER.

Circuit Court of Appeals, Eighth Circuit.

June 6, 1936.

Attorney(s) appearing for the Case

Walter L. Barnes, of Des Moines, Iowa, and Edward S. Stringer, of St. Paul, Minn. (O'Brien, Horn & Stringer, of St. Paul, Minn., and R. H. Hudson, of Bartlesville, Okl., on the brief), for appellant.

Roy J. Mohan, of St. Paul, Minn. (Arthur E. Nelson and Irving Levy, both of St. Paul, Minn., on the brief), for appellee.

Before GARDNER, SANBORN, and BOOTH, Circuit Judges.

GARDNER, Circuit Judge.

This is an action brought by appellee, Howard Miller, against the appellant, Phillips Petroleum Company, to recover damages for personal injuries alleged to have been suffered by him in falling through an open manhole in the washroom at a gasoline service station operated by appellant in St. Paul, Minn. From a verdict and judgment in favor of appellee, appellant has taken this appeal. We shall refer to the parties as they appeared below.

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