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POWELL v. KROGER CO.

No. 80-2189.

644 F.2d 1245 (1981)

Thomas F. POWELL, Appellant, v. The KROGER COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 1, 1981.

Rehearing and Rehearing Denied July 6, 1981.

Attorney(s) appearing for the Case

J. R. Nash, North Little Rock, Ark., for appellant, Thomas F. Powell.

Friday, Eldredge & Clark by Boyce R. Love and Curtis L. Nebben, Little Rock, Ark., for appellee.

Before STEPHENSON and McMILLIAN, Circuit Judges, and DAVIES, Senior District Judge.

Rehearing and Rehearing En Banc Denied July 6, 1981.

PER CURIAM.

Plaintiff-appellant brought this negligence action in federal district court1 based upon diversity. The case was tried before a six-member jury on November 3, 4 and 5, 1980, with a verdict being returned for defendant on November 6, 1980. Appellant's motion for a new trial was denied and he appeals alleging the district court committed prejudicial error in going to...

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