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DUPONT v. FRED'S STORES OF TENNESSEE, INC.

No. 10-2977.

652 F.3d 878 (2011)

Paula DUPONT; James Dupont, Appellants, v. FRED'S STORES OF TENNESSEE, INC., Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 30, 2011.

Rehearing and Rehearing En Banc Denied October 6, 2011.

Attorney(s) appearing for the Case

Breean Walas, argued, Little Rock, AR, for appellant.

Richard Dennis Underwood, argued, Memphis, TN, for appellee.

Before RILEY, Chief Judge, MELLOY and SHEPHERD, Circuit Judges.

RILEY, Chief Judge.

Paula Dupont was shopping at a Fred's Stores of Tennessee, Inc., when plastic bins fell from a display shelf and struck her on the head. Paula and her husband, James (collectively, Duponts), filed a negligence action seeking damages related to her injuries. The case proceeded to trial and a jury returned a verdict in Fred's Stores' favor. The district court1 dismissed the Duponts' complaint with prejudice. The Duponts...

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