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WHITEHEAD v. FOOD MAX OF MISSISSIPPI, INC.

No. 97-60574.

163 F.3d 265 (1998)

Bennie WHITEHEAD; Susan Whitehead, individually and as Mother and adult next friend of Amy Whitehead, a minor, Plaintiffs-Appellees, v. FOOD MAX OF MISSISSIPPI, INC.; et al., Defendants, Kmart Corporation, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 16, 1998.

Attorney(s) appearing for the Case

Paul S. Minor, Minor & Associates, Biloxi, MS, Ross R. Barnett, Jr., Julius Tayloe Simmons, Jr., Barnett Law Firm, Jackson, MS, Stephen Blake Simpson, Gulfport, MS, for Plaintiffs-Appellees.

Don Keller Haycraft, Khristina DeLuna Miller, Liskow & Lewis, New Orleans, LA, for Defendant-Appellant.

Before JOLLY, BARKSDALE and BENAVIDES, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

A jury having found that Kmart's failure to provide adequate security for its parking lot was a cause of the abduction of Mrs. Whitehead and her daughter, and ensuing heinous criminal acts, the principal issue presented in Kmart's appeal from the judgment in this Mississippi diversity action, by which Kmart seeks a new trial, is whether, because of the Whiteheads' closing argument,...

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