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HEPPLER v. THOMSON NEWSPAPERS, INC.

No. 96-1042.

105 F.3d 1212 (1997)

Carmen HEPPLER; K.D. Heppler, Plaintiffs-Appellants, v. THOMSON NEWSPAPERS, INC.; Thomson Newspapers Holdings, Inc., Defendants-Appellees,

United States Court of Appeals, Eighth Circuit.

Decided January 29, 1997.

Attorney(s) appearing for the Case

Stephanie E. Pochop, Gregory, South Dakota, argued (Rick Johnson and Thomas J. Nicholson, on the brief), for appellants.

Cheryle M. Weidmeier, Sioux Falls, South Dakota, argued (Edwin E. Evans, on the brief), for appellees.

Before BEAM, FRIEDMAN, and LOKEN, Circuit Judges.

LOKEN, Circuit Judge.

Carmen Heppler, a Shopko Stores employee, was injured when she fell into a hole in the floor of warehouse space Shopko leased from Thomson Newspapers, Inc. Heppler sued Thomson and its successor for negligence. The district court1 granted summary judgment in Thomson's favor, concluding that it did not control the leased premises and therefore did not breach a duty to Shopko or Heppler. Heppler appeals. Reviewing the...

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