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STOFER v. MONTGOMERY WARD & COMPANY

No. 15776.

249 F.2d 285 (1957)

Alma STOFER, Appellant, v. MONTGOMERY WARD & COMPANY, Inc., Appellee.

United States Court of Appeals Eighth Circuit.

November 14, 1957.

Attorney(s) appearing for the Case

F. Philip Kirwan, Kansas City, Mo. (Richard W. Miller and Margolin & Kirwan, Kansas City, Mo., on the brief), for appellant.

Douglas Stripp, Kansas City, Mo. (Robert B. Olsen and Watson, Ess, Marshall & Enggas, Kansas City, Mo., on the brief), for appellee.

Before GARDNER, Chief Judge, and VOGEL and VAN OOSTERHOUT, Circuit Judges.

VOGEL, Circuit Judge.

On May 8, 1954, Alma Stofer, plaintiff and appellant herein, entered a store owned and operated by the defendant-appellee, Montgomery Ward & Company, at Kansas City, Missouri. While in the store as an invitee thereof she sustained accidental injuries which she claimed arose out of the negligence of Montgomery Ward. In her first trial she received a verdict at the hands of the jury in the amount of $5,000.00. The trial court entered

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