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WALLACE v. GREAT ATLANTIC & PACIFIC TEA CO.

Civ. A. No. 458-W.

85 F.Supp. 296 (1949)

WALLACE v. GREAT ATLANTIC & PACIFIC TEA CO.

United States District Court N. D. West Virginia.

August 29, 1949.

Attorney(s) appearing for the Case

McCamic & Clarke and Wayne T. Brooks, Wheeling, W. Va., for plaintiff.

Goodwin, Nesbitt, Spillers & Mead, Russell B. Goodwin, Russell G. Nesbitt, C. Lee Spillers, Charles P. Mead, Wheeling, W. Va., for defendant.

BAKER, Chief Judge.

This is an action growing out of an injury suffered by the plaintiff and allegedly caused by a fall upon a portion of the defendant's premises outside its store building. After the filing of the complaint pre-trial procedure resulted in the admission of all facts which would ordinarily be subject to dispute. Both the plaintiff and the defendant have moved for summary judgment, and it is these motions which are now before me.

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