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MARTIN v. E-Z MART STORES, INC.

No. 05-4175.

464 F.3d 827 (2006)

Donald MARTIN; Rachel Martin, Plaintiffs-Appellants, v. E-Z MART STORES, INC.; Halpern Import Company; New York Lighter Corporation, Defendants-Appellees. E-Z Mart Stores, Inc., Third Party Plaintiff, v. New York Lighter Corporation; Halpern Import Company, Third Party Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: September 27, 2006.

Attorney(s) appearing for the Case

Greg Niblock, Jeremy Bueker, Niblock & Associates, Stuttgart, AR, for Plaintiffs-Appellants.

Jeffrey C. Elliott, Elliott Law Firm, Texarkana, TX, David Michael Donovan, Watts & Donovan, Little Rock, AR, Michael J. Goldman, Hawkins & Parnell, LLP, Atlanta, GA, J. Andrew Vines, Wright & Lindsey, Little Rock, AR, for Defendants-Appellees.

Before MURPHY, JOHN R. GIBSON, and BENTON, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Donald and Rachel Martin appeal the district court's1 grant of summary judgment to New York Lighter Corp., Halpern Import Company, and E-Z Mart stores Inc. Donald Martin purchased two cigarette lighters at an E-Z Mart Store, one distributed by New York Lighter, and the other by Halpern Import Company. He had both lighters in his shirt pocket. When he removed the one, lit a cigarette with it, and returned...

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