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BANKS v. HYATT CORP.

No. 81-3377.

722 F.2d 214 (1984)

Philip Aaron BANKS, et al., Plaintiffs-Appellees Cross-Appellants, v. HYATT CORPORATION, Defendant-Appellant Cross-Appellee, Refco Poydras Hotel Joint Venture, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 11, 1984.

Attorney(s) appearing for the Case

Bienvenu, Foster, Ryan & O'Bannon, Robert N. Ryan, New Orleans, La., for defendant-appellant cross-appellee.

Stephen J. Crimmins, New York City, for amicus curiae American Hotel & Motel Assoc.

Murray, Murray, Ellis, Braden & Landry, Stephen B. Murray, New Orleans, La., for Banks.

Boggs, Loehn & Rodrigue, Charles A. Boggs, New Orleans, La., for plaintiffs-appellees cross-appellants.

Before BROWN, WISDOM and RANDALL, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 11, 1984.

WISDOM, Circuit Judge:

This appeal presents the issue whether a landowner or an innkeeper can be liable to a business invitee or guest, respectively, for a criminal assault by a third party that occurs just outside the entrance doors to the hotel on property owned by the landowner but serving as a public sidewalk.

At 9:30 p.m. on April 12, 1979, an armed robber shot Dr. Robert Banks a few feet...

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