MEMORANDUM
LOUIS H. POLLAK, District Judge.
In this diversity action, plaintiffs, John and Eileen Smith, seek recovery for an alleged work related injury sustained by Mr. Smith in the summer of 1987. In the complaint the Smiths allege that Mr. Smith, a business invitee of the defendants, The Southland Corporation of Texas and Harbison's Dairies, injured his back when he slipped and fell while loading a dairy truck owned and controlled by defendants. In the...
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