BASTIAN, Circuit Judge.
This appeal arises from the grant by the District Court of appellee's motion made at pre-trial to dismiss for failure to state a cause of action. This action was filed to recover damages for injuries alleged to have been sustained when a carton to tissue fell upon the male appellant while he was working in appellee's store. The facts as disclosed at pre-trial were as follows:
The male appellant (hereinafter referred to as appellant...
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