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THOMAS v. GREAT ATLANTIC AND PACIFIC TEA CO., INC.

No. 99-60919.

233 F.3d 326 (2000)

Rose M. THOMAS, Individually and as Administratrix of the Estate of Erica Renee Thomas, Deceased, and the Heirs at Law of Erica Renee Thomas, Deceased, Plaintiff-Appellant, v. The GREAT ATLANTIC AND PACIFIC TEA COMPANY, INC., doing business as Sav-A-Center, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 27, 2000.

Attorney(s) appearing for the Case

Timothy Charles Holleman (argued), David Jeffrey White, Boyce Holleman, Gulfport, MS, for Plaintiff-Appellant.

William E. Whitfield, III (argued), Karen Korff Sawyer, Bryant, Clark, Dukes, Blakeslee, Ramsay & Hammond, Gulfport, MS, for Defendant-Appellee.

Before KING, Chief Judge, RICHARD D. CUDAHY, and WIENER, Circuit Judges.

WIENER, Circuit Judge:

Plaintiff-Appellant Rose M. Thomas ("Thomas"), the mother of five-year-old Erica Renee Thomas who was killed by a drunk driver late one afternoon, brought this "dram shop" action against Defendant-Appellee The Great Atlantic & Pacific Tea Co., Inc. ("Sav-A-Center"), a retail business that sold alcoholic beverages to the visibly intoxicated driver approximately two hours before the tragic accident. The district court granted Sav-A-Center...

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