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MARTIN v. HANDY-ANDY COMMUNITY STORES

No. 14798.

214 F.2d 10 (1954)

MARTIN et al. v. HANDY-ANDY COMMUNITY STORES, Inc., OF TEXAS, et al.

United States Court of Appeals Fifth Circuit.

June 30, 1954.

Attorney(s) appearing for the Case

Harold D. Putman, Maverick, Putman & Putman, Charles Hancock, San Antonio, Tex., Belli, Ashe & Pinney, Melvin M. Belli, San Francisco, Cal., for appellants.

Carl Wright Johnson, W. B. Jack Ball, C. W. Trueheart, Nat L. Hardy, Hubert W. Green, and Trueheart, McMillin & Russell, San Antonio, Tex., for appellee.

Before STRUM and RIVES, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

On Monday, August 16, 1951, Nancy Martin and her husband, Donald, were awaiting their turn to be checked out at the checking counters in a large grocery store operated by Handy-Andy Community Stores, Inc., (herein called Handy-Andy) in San Antonio, Texas. Suddenly, a portion of the plaster ceiling fell upon Mrs. Martin and other customers.

At the time of the occurrence the building occupied...

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