POGUE v. GREAT ATLANTIC & PACIFIC TEA COMPANY

No. 16254.

242 F.2d 575 (1957)

Marie E. POGUE and William T. Pogue, Appellants, v. The GREAT ATLANTIC & PACIFIC TEA COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 10, 1957.


Attorney(s) appearing for the Case

Paul G. Hyman, R. E. Hodges, Miam, Fla., Britton, Hodges & Hyman, Miami, Fla., for appellants.

Goble D. Dean, Miami, Fla., Brown, Dean, Adams & Fischer, Miami, Fla., for appellee.

Before RIVES, TUTTLE and BROWN, Circuit Judges.


RIVES, Circuit Judge.

In an action by a customer against a storekeeper to recover for injuries suffered when the customer slipped and fell in the store, one district judge, Honorable John W. Holland, denied defendant's motion for summary judgment on November 16, 1953, but two and one-half years later, on June 19, 1956, another district judge, Honorable Joseph P. Lieb, entered summary judgment for the defendant. From that judgment this appeal is prosecuted.

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