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STOKES v. PEYTON'S, INC.

No. 74-3290.

526 F.2d 372 (1976)

Robert P. STOKES, Plaintiff-Appellant, v. PEYTON'S INC., and Travco Plastics Company, Inc., Defendant-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 26, 1976.

Attorney(s) appearing for the Case

Foy R. Devine, Thomas J. Hughes, Jr., Atlanta, Ga., for plaintiff-appellant.

John A. Sherrill, J. Bruce Welch, William Q. Bird, Eugene G. Partain, Daniel M. Coursey, Jr., Atlanta, Ga., for Peyton, Inc.

Before BELL and DYER, Circuit Judges, and MEHRTENS, District Judge.

Rehearing and Rehearing En Banc Denied February 26, 1976.

MEHRTENS, District Judge:

Appellant brought a diversity action for damages arising from injuries sustained when he impaled his left eye upon a J-hook affixed to the outer edge of a display shelf in a SupeRx Drug Store where he was employed as store manager. The injury occurred as Stokes bent over to assist a customer in locating certain merchandise. Although...

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