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RUMSEY v. GREAT ATLANTIC AND PACIFIC TEA COMPANY

No. 17103.

408 F.2d 89 (1969)

Florence RUMSEY, Appellant, v. The GREAT ATLANTIC AND PACIFIC TEA COMPANY, Inc.

United States Court of Appeals Third Circuit.

Reargued November 25, 1968.

Decided March 5, 1969.

Attorney(s) appearing for the Case

William C. Archbold, Jr., Kassab, Cherry, Curran & Archbold, Chester, Pa., for appellant.

L. Carter Anderson, Rawle & Henderson, Philadelphia, Pa. (David L. Steck, Philadelphia, Pa., on the brief), for appellee.

Before HASTIE, Chief Judge, McLAUGHLIN, KALODNER, FREEDMAN, SEITZ, VAN DUSEN, ALDISERT and STAHL, Circuit Judges.

Reargued en banc November 25, 1968.

OPINION OF THE COURT

HASTIE, Chief Judge.

The plaintiff in this negligence case was a shopper in one of the defendant's stores when she slipped, fell and sustained the injuries for which she is suing. The accident occurred in Pennsylvania and the case is in federal court solely under diversity jurisdiction.

After the trial judge had denied a defense motion for a directed verdict, the jury returned a verdict...

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