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J. C. PENNEY COMPANY v. EUBANKS

No. 6649.

294 F.2d 519 (1961)

J. C. PENNEY COMPANY, a corporation, Appellant, v. Gerald EUBANKS, a minor, by Virginia Eubanks, his mother and next friend, Appellee.

United States Court of Appeals Tenth Circuit.

July 25, 1961.

Attorney(s) appearing for the Case

Thomas R. Brett and R. D. Hudson, Tulsa, Okl., for appellant.

E. P. Litchfield, Jr., Tulsa, Okl. (Remington Rogers and Louis J. Karey, Tulsa, Okl., were with him on the brief), for appellee.

Before PHILLIPS, PICKETT and LEWIS, Circuit Judges.

PHILLIPS, Circuit Judge.

This is an appeal by J. C. Penney Company1 from a judgment recovered against it by Gerald Eubanks for personal injuries. The case was tried to the court without a jury.

The accident which resulted in the injuries to Gerald occurred while he was riding on an escalator from the second floor to the first floor of the Penney Company store at Tulsa, Oklahoma. On the day of the accident, Virginia Eubanks, Gerald...

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