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WATERHOUT v. ASSOCIATED DRY GOODS, INC.

No. 86-2499.

835 F.2d 718 (1987)

Joyce A. WATERHOUT, Appellant, v. ASSOCIATED DRY GOODS, INC., d/b/a Stix, Baer & Fuller, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 21, 1987.

Attorney(s) appearing for the Case

Frank J. Niesen, Jr., St. Louis, Mo., for appellant.

Jeffrey L. Cramer, St. Louis, Mo., for appellee.

Before McMILLIAN, FAGG and BOWMAN, Circuit Judges.

PER CURIAM.

Plaintiff Joyce A. Waterhout appeals from the District Court's grant of summary judgment for defendant Associated Dry Goods, Inc., d/b/a Stix, Baer & Fuller (Stix). We reverse.

Waterhout filed this diversity action to recover for injuries sustained when she fell from a delivery truck allegedly owned and operated by Stix. Waterhout commenced discovery and Stix filed a motion for summary judgment on the basis that the individuals delivering the...

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