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PFEIFER v. SAFEWAY STORES, INC.

No. 21568.

339 F.2d 601 (1964)

Budd PFEIFER, Appellant, v. SAFEWAY STORES, INC., Appellee.

United States Court of Appeals Fifth Circuit.

December 17, 1964.

Attorney(s) appearing for the Case

Warren Burnett and Robert D. Pue, Odessa, Tex., for appellant.

Max N. Osborn, Midland, Tex., for appellee, Turpin, Smith, Dyer & Hardie, Midland, Tex., of counsel.

Before GEWIN and BELL, Circuit Judges, and McRAE, District Judge.

PER CURIAM.

In this diversity case the appellant, Budd Pfeifer (plaintiff), complains of the action of the trial court in concluding that there was not sufficient evidence to sustain his complaint against Safeway Stores, Inc. (appellee) alleging that he was injured when he slipped and fell in the appellee's store. Appellant claims that the appellee was guilty of negligence in allowing foreign matter to remain on the floor of the store, or that such foreign matter...

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