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SAGESSER v. SEARS, ROEBUCK & COMPANY

No. 15703.

230 F.2d 806 (1956)

Ruth M. SAGESSER and Walter C. Sagesser, Appellants, v. SEARS, ROEBUCK & COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

February 23, 1956.

Attorney(s) appearing for the Case

Milton M. Ferrell, Harold Young, Miami, Fla., for appellant.

Lawrence A. Schroeder, Miami, Fla., Walton Lantaff Schroeder Atkins Carson & Wahl, Miami, Fla., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and JONES and BROWN, Circuit Judges.

JONES, Circuit Judge.

Ruth M. Sagesser and Walter C. Sagesser, her husband, brought an action in the Circuit Court of Dade County, Florida, against Sears, Roebuck & Company. The defendant removed to the United States District Court on the ground of diversity of citizenship. Paraphrasing the complaint, it charged that the defendant was under a duty, in operating its department store in Coral Gables, Florida, to have the aisles in its paint department open and safe...

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