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KLINE v. S. M. FLICKINGER, INC.

Civ. A. No. 18236.

201 F.Supp. 671 (1962)

Olive Gertrude KLINE and Elmer P. Kline, her husband, Plaintiffs, v. S. M. FLICKINGER, INC., a New York corporation, and Super-Duper, Inc., a New York Corporation, a subsidiary of the S. M. Flickinger Company, Inc., and Louis Greco, Original Defendants, and Louis GRECO, individually and d/b/a "Red and White Grocery", Third-Party Defendant.

United States District Court W. D. Pennsylvania.

February 5, 1962.

Attorney(s) appearing for the Case

Beck, McGinnis & Jarvis, Pittsburgh, Pa., for plaintiff, Olive Gertrude Kline, et vir.

V. C. Short, Pittsburgh, Pa., for defendant, S. M. Flickinger Co., Inc. and Super-Duper, Inc.

Weis & Weis, Pittsburgh, Pa., for third party defendant, Louis Greco, indiv. and t/d/b/a "Red and White Grocery".

GOURLEY, Chief Judge.

This is a diversity suit for personal injuries stemming from an accident when the wife plaintiff fell at the entrance while leaving a grocery store operated by Louis Greco, third-party defendant, and allegedly in possession and control of the other corporate defendants.

Upon jury trial, a verdict was returned in favor of all defendants.

The sole matter before the Court is plaintiff's Motion for New Trial based upon the following...

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