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MARTIN v. SEARS, ROEBUCK & CO.

No. 92-7797.

24 F.3d 765 (1994)

Drucilla MARTIN, Plaintiff, v. SEARS, ROEBUCK & COMPANY, Defendant-Third Party Plaintiff-Appellee, v. Robert SIMS, d/b/a MSA Janitorial & Carpet Cleaning Service, Third Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 5, 1994.

Attorney(s) appearing for the Case

William E. Ready, Jr., William E. Ready, Ready & Associates, Meridian, MS, for Sims.

Kathryn Grace Watts Mitts, Kenneth Watts, Eppes, Watts & Shannon, Meridian, MS, for Sears, Roebuck.

Before ALDISERT, REYNALDO G. GARZA and DUHÉ, Circuit Judges.

ALDISERT, Circuit Judge:

This appeal by Robert Sims, doing business as MSA Janitorial & Carpet Cleaning Service, requires us to decide if the district court erred in this diversity case tried under Mississippi law by directing at pre-trial and in its jury instructions that Sims, the third-party defendant, would be held liable for any damages awarded Drucilla Martin in her personal injuries action against Sears, Roebuck & Co., the defendant and third-party...

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