KELLY v. KROGER COMPANY

No. 72-1805.

484 F.2d 1362 (1973)

Lawrence N. KELLY, Appellant, v. The KROGER COMPANY, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided October 9, 1973.

Rehearing Denied November 12, 1973.


Attorney(s) appearing for the Case

Richard L. Reid of Steineger & Reid, Kansas City, Kan., for appellant.

J. D. Lysaught, Kansas City, Kan., (Robert H. Bingham, Kansas City, Kan., with him on the brief), for appellee.

Before HILL, SETH and HOLLOWAY, Circuit Judges.


SETH, Circuit Judge.

This is a diversity suit brought by a resident of Kansas against the defendant, The Kroger Company, an Ohio corporation. The action is for wrongful death, and the plaintiff is the surviving husband of the decedent who was shot and killed in the aftermath of a robbery of defendant's supermarket where she had been shopping. The trial court granted defendant's motion for summary judgment, and plaintiff has taken this appeal.

The record shows...

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