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PANKO v. FOOD FAIR STORES, INC.

No. 16790.

403 F.2d 62 (1968)

Catherine PANKO, Administratrix of the Estate of Margaret R. Barrett, Deceased and John Barrett, her husband, Appellants, v. FOOD FAIR STORES, INC.

United States Court of Appeals Third Circuit.

Decided November 20, 1968.

Rehearing Denied December 17, 1968.

Attorney(s) appearing for the Case

Edwin E. Naythons, Freedman, Borowsky & Lorry, Philadelphia, Pa. (Benjamin Asbell, Asbell & Ambrose, Camden, N. J., on the brief), for appellants.

Michael Patrick King, Kisselman, Devine, Deighan & Montano, Camden, N. J. (Neil F. Deighan, Jr., Camden, N. J., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and ALDISERT, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

Appellants are the plaintiffs in this diversity negligence case which a district court jury decided in favor of the defendant. Margaret R. Barrett, originally a plaintiff and now deceased, claimed that on August 10, 1965 she slipped and fell in defendant's super market, Margate, New Jersey. She testified that she was carrying a can of peaches when she fell and that the can struck her right breast. There was medical testimony...

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