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SEARS, ROEBUCK AND CO. v. DANIELS

No. 16790.

299 F.2d 154 (1962)

SEARS, ROEBUCK AND CO., a Corporation, Appellant, v. Mabel DANIELS, Appellee.

United States Court of Appeals Eighth Circuit.

February 21, 1962.

Attorney(s) appearing for the Case

John R. Baylor, Lincoln, Neb., made argument for appellant. Baylor Evnen, Baylor & Urbom, Lincoln, Neb., on the brief.

Jerry L. Snyder, Lincoln, Neb., made argument for appellee. Muffly & Snyder, Lincoln, Neb., on the brief.

Before SANBORN, VAN OOSTERHOUT and BLACKMUN, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

Defendant Sears, Roebuck and Co. appeals from final judgment entered in favor of plaintiff Mabel Daniels in an action for damages for personal injuries alleged to have been incurred as a result of plaintiff falling over a rubber mat in defendant's department store at Lincoln, Nebraska, on December 10, 1957. Jurisdiction, based upon diversity of citizenship and the requisite amount, is established.

It is undisputed that plaintiff...

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