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DERR v. SAFEWAY STORES, INC.

No. 9608.

404 F.2d 634 (1968)

Leona DERR, Appellant, v. SAFEWAY STORES, INC., etc., Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 10, 1969.

Attorney(s) appearing for the Case

Robert H. Bingham, Kansas City, Kan., and Maurice P. O'Keefe, Jr., Atchison, Kan. (Lee E. Weeks, Leonard O. Thomas, and J. D. Lysaught, Kansas City, Kan., with them on the brief) for appellant.

Edward M. Boddington, Jr., Kansas City, Kan. (Edward M. Boddington, N. Jack Brown, Robert A. Unverferth, and David R. Hills, Kansas City, Kan., with him on the brief) for appellee.

Before MURRAH, Chief Judge, and BREITENSTEIN and HILL, Circuit Judges.

MURRAH, Chief Judge.

In this diversity suit from Kansas, Mrs. Derr, a regular customer at a Safeway Store, had just lifted a carton of soft drinks from a stack and had turned to put the carton in her grocery cart when a carton of Pepsi Cola fell from an adjacent stack, injuring her foot. She brought suit against the Pepsi Cola Bottling Company and the Safeway Store, claiming that Pepsi Cola negligently used spring roll shelving1 to stack...

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