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FOGELBACH v. WAL-MART STORES, INC.

No. 01-1199.

270 F.3d 696 (2001)

Ronald J. FOGELBACH, Appellant, v. WAL-MART STORES, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 29, 2001.

Attorney(s) appearing for the Case

Joseph W. Gabriel, St. Louis, MO, argued, for appellant.

Christine A. Alsop, St. Louis, MO, argued, for appellee.

Before: BOWMAN, HEANEY and BYE, Circuit Judges.

HEANEY, Circuit Judge.

This is a personal injury case arising out of a slip and fall incident at a St. Louis County, Missouri Wal-Mart store. Ronald Fogelbach appeals the district court's1 issuance of judgment as a matter of law in favor of Wal-Mart and the court's denial of his motion for a new trial. Because we find that the district court erred by taking away the jury's verdict, we reverse.

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