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DIXON v. WAL-MART STORES, INC.

No. 00-40006.

330 F.3d 311 (2003)

Billie F. DIXON, Plaintiff-Appellee, v. WAL-MART STORES, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 30, 2003.

Attorney(s) appearing for the Case

Timothy F. Lee (argued), Ware, Snow, Fogel & Jackson, Houston, TX, Bennie D. Rush, Huntsville, TX, for Plaintiff-Appellee.

Jane M.N. Webre, Scott, Douglass & McConnico, Austin, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, WIENER, and DENNIS, Circuit Judges.

WIENER, Circuit Judge:

In this simple negligence case, Defendant-Appellant Wal-Mart Stores, Inc. ("Wal-Mart") appeals the district court's denial of its motion for judgment as a matter of law following a jury verdict in favor of Plaintiff-Appellee Billie F. Dixon. She had brought suit against Wal-Mart after she tripped on a strip of plastic that was lying on the floor near a check-out register at a Wal-Mart store in Texas. Concluding that Dixon has not established...

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