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BERSETT v. K-MART CORP.

No. 88-1079.

869 F.2d 1131 (1989)

Donna M. BERSETT, Appellant, v. K-MART CORPORATION, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 14, 1989.

Rehearing Denied April 13, 1989.

Attorney(s) appearing for the Case

George M. von Stamwitz, St. Louis, Mo., for appellant.

Lawrence B. Grebel, St. Louis, Mo., for appellee.

Before JOHN R. GIBSON, WOLLMAN, and BEAM, Circuit Judges.

BEAM, Circuit Judge.

Donna Bersett appeals a jury verdict for the defendant, K-Mart Corporation. She contends that the jury was given an improper verdict-directing instruction. We reverse and remand for a new trial.

I. BACKGROUND

On November 11, 1985, while shopping at the defendant's store, Donna Bersett approached and inspected a display of cedar sponge mops with metal squeeze bars. Numerous mops were hung at staggered distances on hooks attached...

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