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SPENCER v. KROGER CO.

No. 90-1508.

941 F.2d 699 (1991)

Ivan SPENCER, Appellant, v. KROGER COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 12, 1991.

Attorney(s) appearing for the Case

Ira M. Young, St. Louis, Mo., argued, for appellant; Ira M. Young and Victor B. Thompson, on the brief.

John P. Cunningham, St. Louis, Mo., argued, for appellee; James E. Whaley and John P. Cunningham, on the brief.

Before McMILLIAN and BOWMAN, Circuit Judges, and HARRIS, Senior District Judge.

McMILLIAN, Circuit Judge.

Ivan Spencer appeals from a final judgment entered in the United States District Court for the Eastern District of Missouri, granting summary judgment in favor of Kroger Company ("Kroger"). Spencer v. Kroger Co., No. 88-1973 C (5) (E.D.Mo. Feb. 6, 1990). For reversal, Spencer argues that the district court erred in determining that Kroger lacked constructive notice of the hazard that caused his fall, as a matter of law, because of...

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