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THOMASON v. GREAT ATLANTIC AND PACIFIC TEA COMPANY

No. 13112.

413 F.2d 51 (1969)

Jessie L. THOMASON, Appellant, v. The GREAT ATLANTIC AND PACIFIC TEA COMPANY, Inc., Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 14, 1969.

Attorney(s) appearing for the Case

Louis B. Fine, Norfolk, Va. (Fine, Fine, Legum & Fine, Norfolk, Va., on the brief), for appellant.

William T. Prince, Norfolk, Va. (Williams, Worrell, Kelly & Worthington, Norfolk, Va., on the brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BOREMAN and BRYAN, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

Damages for personal hurt in her fall on September 21, 1967 while a customer in a Norfolk, Virginia store of The Great Atlantic and Pacific Tea Company, Inc., were claimed of the company by Jessie L. Thomason, complaining in warranty and in negligence. Summary judgment went for defendant, and plaintiff appeals.

The point of the controversy is whether the law of Virginia — governing here — affords recovery to a...

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