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THRELKELD v. TOTAL PETROLEUM, INC.

No. 99-40469.

211 F.3d 887 (2000)

Herman THRELKELD and Mary Threlkeld, Plaintiffs-Appellees, v. TOTAL PETROLEUM, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 5, 2000.

Attorney(s) appearing for the Case

John Robert Mercy (argued), Mercy, Carter & Elliott, Jon Michael Smith, Atchley, Russell, Waldrop & Hlavinka, Texarkana, TX, for Plaintiffs-Appellees.

Arthur Kittredge Smith (argued), Brad Waites, Smith & DeFeo, Dallas, TX, for Defendant-Appellant.

Before JOLLY and DeMOSS, Circuit Judges, and DOWD, District Judge.

DeMOSS, Circuit Judge:

In this premises liability case, which was tried to a jury verdict in favor of Plaintiffs Herman and Mary Threlkeld, Total Petroleum, Inc. ("Total") appeals from the final judgment entered by the district court, Magistrate Judge Wendell C. Radford, presiding, as well as from the district court's denial of Total's motion for judgment as a matter of law, or alternatively, for a new trial. For the reasons which follow, we find that the district...

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