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COLLINS v. ARKANSAS CEMENT COMPANY

No. 71-1050.

453 F.2d 512 (1972)

Ernest B. COLLINS, Individually and as Next Friend of Vicki Lynn Collins, a Minor, Appellee, v. ARKANSAS CEMENT COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

January 3, 1972.

Attorney(s) appearing for the Case

Boyd Tackett, Tackett, Young, Patton & Harrelson, Royce S. Weisenberger, Jr., Autrey & Weisenberger, Texarkana, Ark., for appellant.

C. Wayne Dowd, Thomas S. Arnold, Arnold & Arnold, Texarkana, Ark., for appellee.

Before GIBSON and HEANEY, Circuit Judges, and VAN PELT, Senior District Judge.

GIBSON, Circuit Judge.

The minor plaintiff Vicki Collins, age six, was injured when playing with a cherry bomb which had been given to her by a 15-year old girl, who had received it from an employee of the defendant. A jury verdict in the amount of $33,000 was entered in the District Court for the Western District of Arkansas. The defendant timely appealed, questioning the sufficiency of the evidence and proximate causation, claiming that the cherry bombs were stolen...

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