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MISKELL v. SOUTHERN FOOD COMPANY

No. 29102.

439 F.2d 790 (1971)

Mrs. Frances MISKELL, Wife of/and Arlie Miskell, Plaintiffs-Appellees, v. SOUTHERN FOOD COMPANY, Inc., d/b/a Meal-A-Minit and Continental Casualty Company, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

March 25, 1971.

Attorney(s) appearing for the Case

Francis G. Weller, of Deutsch, Kerrigan & Stiles, New Orleans, La., for appellants.

Lawrence L. Lagarde, Jr., New Orleans, La., for appellees.

Before RIVES and SIMPSON, Circuit Judges, and NICHOLS, Jr., Judge of the Court of Claims.

PER CURIAM:

Mrs. Frances Miskell and her husband sued the Southern Food Company, Inc., and its insurer to recover for injuries and losses sustained as a result of her fall at the entrance to Southern Food Company's restaurant on St. Charles Avenue in New Orleans. The facts are simple, though not without dispute.

On the afternoon of August 5, 1966, Mrs. Miskell drove to appellant's restaurant and parked near the entrance. She carried a three-year-old child...

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