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MOORE v. SAFEWAY STORES, INC.

No. 71-1578.

461 F.2d 236 (1972)

Daisy MOORE, Plaintiff-Appellant, v. SAFEWAY STORES, INC., a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 12, 1972.

Attorney(s) appearing for the Case

L. G. Hawkins, Sapulpa, Okl. (John W. Young, Sapulpa, Ok., on the brief), for plaintiff-appellant.

Phillips Breckinridge, Tulsa, Okl. (Thomas R. Brett, Tulsa, Okl., on the brief), for defendant-appellee.

Before BREITENSTEIN, SETH and McWILLIAMS, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This is a removed case with jurisdiction dependent on diversity. Plaintiff-appellant sought to recover for personal injuries incurred in a fall on the parking lot of defendant-appellee. The first trial resulted in a hung jury. On the second trial the court directed a verdict for defendant and plaintiff has appealed.

Safeway operated a store in Sapulpa, Oklahoma, which had an adjacent lot for the parking of cars. In front of the...

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