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MILLER v. FEDERATED DEPARTMENT STORES, INC.

364 Mass. 340 (1973)

304 N.E.2d 573

BERTHA MILLER & another vs. FEDERATED DEPARTMENT STORES, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

December 4, 1973.

Attorney(s) appearing for the Case

Sydney Berkman (Carl K. King with him) for the plaintiffs.

Thomas D. Burns (Mitchell J. Sikora, Jr., with him) for the defendant.

Present: TAURO, C.J., REARDON, QUIRICO, BRAUCHER, & HENNESSEY, JJ.

TAURO, C.J.

This is an action in tort by the plaintiff Bertha Miller for personal injuries intentionally inflicted on her by an employee of the defendant Federated Department Stores, Inc. (Federated), while shopping in Filene's, Federated's downtown Boston store. Her husband, in other counts, seeks consequential damages.1

A jury returned verdicts for the plaintiffs on counts 1 and 3 against...

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