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J. C. PENNEY COMPANY v. PERRYMAN

No. 17181.

261 F.2d 826 (1958)

J. C. PENNEY COMPANY, Appellant, v. H. B. PERRYMAN and wife, Emily Perryman, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 27, 1959.

Attorney(s) appearing for the Case

Jerry L. Buchmeyer, David M. Kendall, Jr., Dallas, Tex., Alexander Gullet, Denison, Tex., Pinkney Grissom, Timothy E. Kelley, Dallas, Tex., Thompson, Knight, Wright & Simmons, Dallas, Tex., of counsel, for appellant.

Morton Rudberg, Ben T. Warder, Jr., Edward M. Tighe, Joe Hill Jones, Dallas, Tex., and Carter, Gallagher, Jones & Magee, Dallas, Tex., of counsel, for appellees.

Before TUTTLE, JONES and BROWN, Circuit Judges.

JONES, Circuit Judge.

The appellee, Emily Perryman, entered the store of the appellant in Denison, Texas, walked along an aisle between counters displaying merchandise and up a flight of stairs to a second floor. There she made purchases. Mrs. Perryman then came down the stairway and fell while walking along the aisle toward the door through which she had entered. Injuries were sustained as a result of the fall. Suit was...

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