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MORRIS v. GIMBEL BROTHERS, INC.

No. 16994.

394 F.2d 143 (1968)

Thomas W. MORRIS and Eleanor R. Morris, v. GIMBEL BROTHERS, INC., d/b/a "Gimbel's", Appellant.

United States Court of Appeals Third Circuit.

Decided May 9, 1968.

Attorney(s) appearing for the Case

Charles Jay Bogdanoff, Philadelphia, Pa. (Albert C. Gekoski, Philadelphia, Pa., on the brief), for appellants.

Mitchell A. Kramer, Kramer & Harrison, Philadelphia, Pa. (David C. Harrison, Philadelphia, Pa., on the brief), for appellees.

Before McLAUGHLIN, FORMAN and FREEDMAN, Circuit Judges.

OPINION OF THE COURT

McLAUGHLIN, Circuit Judge.

Plaintiff-appellee, Eleanor R. Morris, fell in appellant's department store March 30, 1963. Thereafter she and her husband sued appellant in this diversity negligence action for damages arising out of her consequent injuries. There was a jury trial which resulted in verdicts for the plaintiffs.

Appellant asserts that Mrs. Morris was guilty of contributory negligence...

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