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BOYLE v. SIMON

No. 76-2084.

558 F.2d 896 (1977)

Mamie E. BOYLE, Appellant, v. Melvin SIMON, and Herbert Simon, as Individuals, and as general partners in the Limited Partnership known as McCain Mall Company, and M. S. Management Associates, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 25, 1977.

Attorney(s) appearing for the Case

J. R. Nash, Little Rock, Ark., argued and filed briefs, for appellant.

Robert L. Henry, III, Little Rock, Ark. (argued), and Barber, McCaskill, Amsler & Jones, Little Rock, Ark., on brief, for appellees.

Before HEANEY, ROSS and STEPHENSON, Circuit Judges.

HEANEY, Circuit Judge.

On February 21, 1975, Mamie Boyle traveled to the McCain Mall Shopping Center in North Little Rock, Arkansas, to shop at one or more of the stores within the Mall complex. After visiting a J. C. Penney store on the Mall's main floor, she proceeded west on the same level towards a Sears store. A decorative depression in the floor level lay directly in her path to that store. The depression is approximately twenty feet in diameter and nearly a...

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