McCANN v. WAL-MART STORES, INC.

Nos. 99-1162, 99-1355.

210 F.3d 51 (2000)

Debra McCANN, Personally, and as Mother and Next Friend of Jillian McCann and Jonathan McCann, Plaintiffs, Appellees/Cross-Appellants, v. WAL-MART STORES, INC., Defendant, Appellant/Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided April 14, 2000.


Attorney(s) appearing for the Case

John W. McCarthy with whom Rudman & Winchell, LLC was on consolidated brief for defendant.

Samuel W. Lanham, Jr. with whom Cuddy & Lanham was on consolidated brief for plaintiffs.

Before Boudin, Circuit Judge, Bownes, Senior Circuit Judge, and Lynch, Circuit Judge.


BOUDIN, Circuit Judge.

This case involves a claim for false imprisonment. On December 11, 1996, Debra McCann and two of her children — Jillian, then 16, and Jonathan, then 12 — were shopping at the Wal-Mart store in Bangor, Maine. After they returned a Christmas tree and exchanged a CD player, Jonathan went to the toy section and Jillian and Debra McCann went to shop in other areas of the store. After approximately an hour and a half, the McCanns went...

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