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THACKER v. J. C. PENNEY COMPANY

No. 16561.

254 F.2d 672 (1958)

James E. THACKER, Individually and as next friend for Jada Thacker, a minor, Appellants, v. J. C. PENNEY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 15, 1958.

Attorney(s) appearing for the Case

John J. Watts, Odessa, Tex., for appellant.

William L. Kerr, Midland, Tex. (Turpin, Kerr & Smith, Midland, Tex., of counsel), for appellee.

Before HUTCHESON, Chief Judge, and RIVES and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

James E. Thacker, on his own behalf and as natural guardian and next friend of his child, Jada Thacker, brings this suit for damages for injuries to his child who fell from a balcony in J. C. Penney's department store in Odessa, Texas. Jurisdiction is based on diversity of citizenship.

The plaintiff-appellant contends that the defendant is liable for breach of its duty to maintain safe premises...

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