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SANDS v. SEARS, ROEBUCK & COMPANY

No. 20440.

438 F.2d 655 (1971)

Ila SANDS, Plaintiff-Appellant, v. SEARS, ROEBUCK & COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

February 18, 1971.

Attorney(s) appearing for the Case

John W. Beard, Owensboro, Ky., Beard, Rummage & Kamuf, Owensboro, Ky., on the brief for appellant.

Marvin P. Nunley, Owensboro, Ky., Bartlett, McCarroll & Nunley, Owensboro, Ky., on the brief, for appellee.

Before PHILLIPS, Chief Judge, and CELEBREZZE and PECK, Circuit Judges.

CELEBREZZE, Circuit Judge.

This appeal is of a diversity action instituted by Mrs. Ila Sands against Sears, Roebuck & Company, (Sears) for damages for personal injuries sustained when she fell down in the aisle of a Sears store. At the close of evidence, the District Court directed a verdict in favor of Sears on the grounds that, first, Mrs. Sands had failed to establish a prima facie case of negligence against Sears, and, second, she had established her own contributory...

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