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DUKEMINIER v. K-MART CORP.

Civ. A. No. 86-K-482.

651 F.Supp. 1322 (1987)

Marcia DUKEMINIER and John Dukeminier, Plaintiffs, v. K-MART CORPORATION, a Michigan corporation authorized to do business in Colorado, Defendant.

United States District Court, D. Colorado.

January 26, 1987.

Attorney(s) appearing for the Case

Jeffrey R. Edelman, Denver, Colo., for plaintiffs.

Gary E. Parish, R. Daniel Schied, Denver, Colo., for defendant.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

Plaintiff in this diversity action, Marcia Dukeminier, seeks relief for injuries sustained when she stepped through the floor into a trench while shopping at a Cortez, Colorado K-Mart. Her complaint alleges four claims for relief: negligence, gross negligence, outrageous conduct, and strict liability.

K-Mart has filed a motion under Fed.R. Civ.P. 12(b)(6), seeking dismissal of the gross negligence...

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