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KIRCHNER v. CHATTANOOGA CHOO CHOO

No. 92-6346.

10 F.3d 737 (1993)

Art KIRCHNER and Edie Kirchner, Plaintiffs-Appellants, v. CHATTANOOGA CHOO CHOO, a Hawaiian Limited Partnership, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 30, 1993.

Attorney(s) appearing for the Case

Jack S. Dawson (Kelly A. George and James A. Scimeca, with him on the briefs), Miller, Dollarhide, Dawson & Shaw, Oklahoma City, OK, for plaintiffs-appellants.

Lana Cohlmia, Culp, Heath & Sushnik, Oklahoma City, OK, for defendant-appellee.

Before LOGAN and MOORE, Circuit Judges, and BROWN, District Judge.

JOHN P. MOORE, Circuit Judge.

Art Kirchner fell on ice outside his apartment and sued his landlord, Chattanooga Choo Choo, for damages. At trial, the jury decided against Mr. Kirchner on his common law claim but for him on his claim under the Oklahoma Residential Landlord and Tenant Act, Okla.Stat. tit. 41, §§ 101-136 (1991) (the Act). The court subsequently granted defendant's motion for judgment notwithstanding...

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