POWERS v. SOUTHLAND CORP.

No. 92-1562.

4 F.3d 223 (1993)

Charles POWERS, Marguerite Powers, Appellees, v. The SOUTHLAND CORPORATION t/a 7-Eleven; Robert Yeager, Appellants.

United States Court of Appeals, Third Circuit.

Decided August 23, 1993.

Sur Petition for Rehearing September 24, 1993.


Attorney(s) appearing for the Case

John P. McShea, III (argued), Hoyle, Morris & Kerr, Philadelphia, PA, for Charles and Marguerite Powers.

Kim E. Plouffe (argued), German, Gallagher & Murtagh, Philadelphia, PA, for The Southland Corp. and Robert Yeager.

Before: BECKER, ALITO, Circuit Judges, and ATKINS, District Judge.


OPINION OF THE COURT

BECKER, Circuit Judge.

This seemingly routine slip and fall case presents a difficult and somewhat novel question of appellate jurisdiction. Plaintiff Charles Powers, who sustained personal injuries in a 7-Eleven store, brought suit with his wife Marguerite Powers in state court against The Southland Corporation, which owns the 7-Eleven name and both operates and franchises 7-Eleven stores. Southland removed the action to federal court...

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