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CARR v. WAL-MART STORES, INC.

No. 01-30342.

312 F.3d 667 (2002)

Diane CARR, Plaintiff-Appellant, v. WAL-MART STORES INC.; et al., Defendants, Wal-Mart Stores, Inc., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 14, 2002.

Attorney(s) appearing for the Case

Jimmy Roy Faircloth, Jr (argued), Faircloth & Davidson, Alexandria, LA, for Plaintiff-Appellant.

Michael S. Cessna, Kyle Leslie Holifield (argued), Wal-Mart Stores, Inc., Bentonville, AR, for Defendant-Appellee.

Before EMILIO M. GARZA, BENAVIDES and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

The opinion of the court issued on September 12, 2002, 304 F.3d 507, is withdrawn and the following is substituted.

Diane Carr ("Carr") appeals the trial court's denial of her motion for new trial, following a jury verdict finding in favor of Wal-Mart Stores, Inc. ("Wal-Mart") on Carr's negligence claim. For the reasons stated herein, we affirm in part, reverse in part, and remand for a new...

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