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SMITH v. WAL-MART STORES, INC.

No. 97-5313.

167 F.3d 286 (1999)

Paul N. SMITH and Bernice Smith, Plaintiffs-Appellants, v. WAL-MART STORES, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 27, 1999.

Attorney(s) appearing for the Case

Roger W. Dickson (briefed), William P. Eiselstein (argued and briefed), Miller & Martin, Chattanooga, TN, Herbert A. Thornbury (briefed), Poole, Lawrence, Thornbury, Stanley & Morgan, Chattanooga, TN, for Plaintiffs-Appellants.

Robert W. Sawser (argued and briefed), Baker, Donelson, Bearman & Caldwell, Chattanooga, TN, for Defendant-Appellee.

Before: GUY, GILMAN, and GODBOLD, Circuit Judges.

GODBOLD, J., delivered the opinion of the court, in which GILMAN, J., joined. GUY, J. (pp. 298-99), delivered a separate opinion concurring in part and dissenting in part.

GODBOLD, Circuit Judge.

Introductory

This diversity suit was filed by plaintiffs, residents of Georgia, in Tennessee state court against Wal-Mart Stores, Inc. to recover damages they suffered as a result of Mrs. Smith's fall in a bathroom1 of a Wal...

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