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MARTIN v. WAL-MART STORES, INC.

No. 98-3543.

183 F.3d 770 (1999)

Harold MARTIN, Appellee, v. WAL-MART STORES, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 7, 1999.

Rehearing and Rehearing Denied August 17, 1999.

Attorney(s) appearing for the Case

Adrian P. Sulser, St. Louis, MO, argued (Stefan J. Glynias and Lisa A. Green on the brief), for Appellant.

Douglas P. Dowd, St. Louis, MO, argued (James M. Dowd, on the brief), for Appellee.

BEFORE: BEAM and HANSEN, Circuit Judges, and KOPF, District Judge.

Rehearing and Rehearing En Banc Denied August 17, 1999.

BEAM, Circuit Judge.

Wal-Mart appeals the district court's denial of its motion for a directed verdict, or in the alternative, motion for a new trial, following a jury trial on Harold Martin's slip and fall action. Wal-Mart asserts that Martin failed to establish that Wal-Mart had either actual or constructive notice of the hazard on the floor; that the jury instructions failed to accurately state Missouri...

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