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McCLUNG v. WAL-MART STORES, INC.

No. 99-6604.

270 F.3d 1007 (2001)

Roger L. McCLUNG, Plaintiff-Appellant, v. WAL-MART STORES, INC., ET AL., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 6, 2001.

Rehearing Denied; Motion to Certify Question Denied December 7, 2001.

Attorney(s) appearing for the Case

ARGUED: Bruce S. Kramer, BOROD & KRAMER, Memphis, Tennessee, for Appellant.

W. O. Luckett, Jr., ROSSIE, LUCKETT, PARKER & LAUGHLIN, Memphis, Tennessee, for Appellee.

ON BRIEF: Bruce S. Kramer, Elaine Sheng, P. Bryan Mauldin, BOROD & KRAMER, Memphis, Tennessee, for Appellant.

W. O. Luckett, Jr., Lorrie K. Ridder, ROSSIE, LUCKETT, PARKER & LAUGHLIN, Memphis, Tennessee, for Appellee.

Before: KENNEDY, SILER, and CLAY, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

KENNEDY, J., delivered the opinion of the court, in which CLAY, J., joined. SILER, J. (pp. 16-18), delivered a separate opinion concurring in part and dissenting in part.

OPINION

KENNEDY, Circuit Judge.

Plaintiff Roger McClung appeals from the grant of summary judgment to defendant Wal-Mart Stores, Inc. in this action alleging that Wal-Mart was negligent in failing to provide adequate security for its patrons...

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