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CHAVEZ v. SEARS, ROEBUCK & CO.

Nos. 74-1706, 74-1707.

525 F.2d 827 (1975)

Frank CHAVEZ, Plaintiff-Appellant, v. SEARS, ROEBUCK AND COMPANY, a New York Corporation, Defendant-Appellee. Rolando Garza ZARATE, Plaintiff-Appellant, v. SEARS, ROEBUCK AND COMPANY, a New York Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided November 21, 1975.

Rehearing Denied January 7, 1976.

Attorney(s) appearing for the Case

Gary F. Duckworth of Lampkin, Wolfe, Burger, Abel, McCaffrey & Norman, Oklahoma City, Okl., for plaintiffs-appellants.

Terry W. Tippens and Rand R. Guffey of Fellers, Snider, Baggett, Blankenship & Bailey, Oklahoma City, Okl., for defendant-appellee Sears, Roebuck & Co.

Before LEWIS, Chief Judge, and SETH and HOLLOWAY, Circuit Judges.

LEWIS, Chief Judge.

In January 1973, appellants Frank Chavez and Rolando Zarate were arrested by the Oklahoma City police on a report by an investigator for Sears, Roebuck and Company that several sewing machines and cabinets had been illegally removed from Sears loading dock. The criminal charges were eventually dismissed and both Chavez and Zarate filed separate civil actions against Sears in state court, alleging negligence...

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