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GUGEL v. SEARS, ROEBUCK & COMPANY

No. 14689.

308 F.2d 131 (1962)

Richard F. GUGEL, Sr., Plaintiff-Appellee, v. SEARS, ROEBUCK & COMPANY, a New York Corporation, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

August 31, 1962.

Attorney(s) appearing for the Case

James K. Brooker, Bay City, Mich., for appellant, Smith, Brooker & Harvey, Bay City, Mich., Kahn, Adsit & Arnstein, Chicago, Ill., on the brief.

Peter F. Cicinelli, Saginaw, Mich., for appellee, Eugene D. Mossner, Irving M. Hart, Saginaw, Mich., on the brief.

Before MILLER, Chief Judge, WEICK, Circuit Judge, and STARR, Senior District Judge.

STARR, Senior District Judge.

The plaintiff-appellee began this action in the circuit court of Saginaw County, Michigan, to recover damages resulting from his personal injuries sustained when he fell into an open grease pit in defendant-appellant's service garage, maintained in connection with its retail store in the city of Saginaw. The action was removed to the Federal court on the basis of diversity of citizenship and jurisdictional amount involved. It was tried...

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