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SMART v. WINN-DIXIE STORES, INC.

No. 29051 Summary Calendar.

431 F.2d 930 (1970)

Mrs. Sarah SMART, Plaintiff-Appellee, v. WINN-DIXIE STORES, INC., Defendant-Appellant. Quinton SMART, Plaintiff-Appellee, v. WINN-DIXIE STORES, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 2, 1970.

Attorney(s) appearing for the Case

Larry E. Pedrick, Wilson G. Pedrick, Waycross, Ga., for defendant-appellant.

Delman L. Minchew, Waycross, Ga., for plaintiffs-appellees.

Before THORNBERRY, COLEMAN and CLARK, Circuit Judges.

PER CURIAM:

This diversity case originated as a personal injury action growing out of a bad fall taken by Sarah Smart when she stepped on a grape or grapes at appellant's grocery store. Both Mrs. Smart and her husband filed suits against appellant, and the cases were tried together to a jury, with separate verdicts being rendered in favor of Mr. and Mrs. Smart. Judgment was entered for plaintiffs on the basis of the jury verdicts, and Winn-Dixie appeals.

Appellant...

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