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DILLY v. KRESGE

No. 78-1106.

606 F.2d 62 (1979)

Bernard DILLY and Eleanor P. Dilly, Appellees, v. S. S. KRESGE, a corporation, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 26, 1979.

Attorney(s) appearing for the Case

John S. Bailey, Jr., Parkersburg, W. Va. (Earley, Bailey & Pfalzgraf, Parkersburg, W. Va., on brief), for appellant.

Louie S. Davitian, Parkersburg, W. Va. (William L. Jacobs, Parkersburg, W. Va., on brief), for appellees.

Before RUSSELL and WIDENER, Circuit Judges, and HOFFMAN, District Judge.

WIDENER, Circuit Judge:

The plaintiffs, Bernard and Eleanor Dilly, brought this action against her employer, S. S. Kresge Co., for injuries she received during the course of employment. The uncontested facts are that an assistant manager of Kresge came to the soda fountain area of the store, where Eleanor Dilly worked, and ordered a cup of hot chocolate. After he was told that they had no hot chocolate, the assistant manager grabbed Mrs. Dilly, shook her and said...

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