KENNEDY v. BENNETT

No. 15998.

261 F.2d 20 (1958)

Joseph KENNEDY, Appellant, v. R. C. BENNETT, d/b/a Bennett Lumber Company, Appellee.

United States Court of Appeals Eighth Circuit.

November 5, 1958.


Attorney(s) appearing for the Case

Richard M. McMahon and R. Richard Bittner, Davenport, Iowa (John E. Murphy, Clinton, Iowa, on the brief), for appellant.

Robert V. P. Waterman and Larned A. Waterman, Davenport, Iowa (Otto C. Bauch and Lane & Waterman, Davenport, Iowa, on the brief), for appellee.

Before JOHNSEN, VAN OOSTERHOUT and MATTHES, Circuit Judges.


MATTHES, Circuit Judge.

In this personal injury action, plaintiff has appealed from the order of the court entering summary judgment in favor of the defendant. Jurisdiction is based on diversity of citizenship and the amount in controversy. For the purpose of this appeal, it is conceded that plaintiff's status was that of a business invitee.

The material allegations of plaintiff's petition are that on February 28, 1955, he was employed by the Allais Construction...

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