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KING v. STORY'S, INC.

No. 94-8343.

54 F.3d 696 (1995)

Sally Y. KING, Plaintiff-Appellant, v. STORY'S, INC., d/b/a Story's, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 9, 1995.

Attorney(s) appearing for the Case

Weiner, Yancey & Dempsey, Beryl H. Weiner, Frank White and Hugh Gibert, Arnall, Golden & Gregory, Atlanta, GA, for appellant.

Gary L. Seacrest and Edwin A. Tate, Bently, Karesh & Seacrest, Atlanta, GA, for appellee.

Before KRAVITCH and BIRCH, Circuit Judges, and GOODWIN, Senior Circuit Judge.

GOODWIN, Senior Circuit Judge:

Sally King brought this diversity claim against Story's, Inc., alleging negligence in selling a rifle to one Jimmy Gene Hulen, an ex convict, who used it to shoot and injure her. She appeals a summary judgment for Story's.

Hulen had started to purchase the weapon on November 22, 1991, by means of a "layaway" payment. Hulen falsely completed two key questions on the ATF Form 4473, denying to his prior criminal record and denying...

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