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VIESTENZ v. FLEMING COMPANIES, INC.

No. 80-1559.

681 F.2d 699 (1982)

Burton VIESTENZ, Plaintiff-Appellee, v. FLEMING COMPANIES, INC., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Certiorari Denied November 1, 1982.

Attorney(s) appearing for the Case

Ronald W. Fairchild, Topeka, Kan. (Charles D. McAtee, Topeka, Kan., with him on the briefs) of Eidson, Lewis, Porter & Haynes, Topeka, Kan., for defendant-appellant.

Dan L. Wulz, Topeka, Kan. (Frederick J. Patton, II, of Jones, Schroer, Rice, Bryan & Lykins, Chartered, Topeka, Kan., on the brief), for plaintiff-appellee.

Before McWILLIAMS and McKAY, Circuit Judges, and BRIMMER, District Judge.

Certiorari Denied November 1, 1982. See 103 S.Ct. 303.

McKAY, Circuit Judge.

Appellee Burton Viestenz, a resident of Missouri, was formerly employed at a Missouri supermarket owned by appellant Fleming Companies, Inc. (Fleming), a Kansas corporation. Based on reports that it had received, Fleming, in 1975, suspected that Mr. Viestenz had been stealing merchandise from the store on a regular basis. At that time, Sentinel Security Services, Inc. (Sentinel) was...

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