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VAUGHN v. NATIONAL TEA COMPANY

No. 14294.

328 F.2d 128 (1964)

Helen Ruth VAUGHN, Plaintiff-Appellee, v. NATIONAL TEA COMPANY, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 19, 1964.

Attorney(s) appearing for the Case

George V. Burbach, Owen W. Crumpacker, and Crumpacker, Burbach & Abrahamson, Hammond, Ind., for appellant.

Daniel C. Kuzman, Fred M. Stults, Jr., Gary, Ind., Stults, Custer & Kuzman, Gary, Ind., of counsel, for appellee.

Before HASTINGS, Chief Judge, and DUFFY and KNOCH, Circuit Judges.

DUFFY, Circuit Judge.

This diversity suit was brought to recover damages for injuries sustained by plaintiff when she slipped and fell in defendant's store located in East Gary, Indiana. The store was of the self-service supermarket variety. The case was tried to a jury which found for the plaintiff and awarded damages in the sum of $25,000.

On May 25, 1959, plaintiff entered defendant's store to make certain purchases. She used a shopping cart. After shopping...

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