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DIDIER v. J.C. PENNEY CO., INC.

No. 88-5120.

868 F.2d 276 (1989)

Leora DIDIER, Appellant, v. J.C. PENNEY COMPANY, INC., a New York Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 16, 1989.

Attorney(s) appearing for the Case

Douglas M. Deibert, Sioux Falls, S.D., for appellant.

William Fuller, Sioux Falls, S.D., for appellee.

Before HEANEY and FAGG, Circuit Judges, and HANSON, Senior District Judge.

HANSON, Senior District Judge.

Leora Didier appeals from the final decision of the District Court1 dismissing her action against J.C. Penney Company, Inc. In the action Didier contends she was injured as a result of appellee's failure to properly maintain its premises. The District Court granted Summary Judgment in favor of appellee finding that Didier had, as a matter of law, assumed the risk which caused her injuries. We reverse.

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