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MILEY v. HARMONY MILL LTD. PARTNERSHIP

Civ. A. No. 91-592-JLL.

803 F.Supp. 965 (1992)

David C. MILEY, Sr., and April P. Miley, his wife, Plaintiffs, v. HARMONY MILL LIMITED PARTNERSHIP, a corporation of the State of Delaware, Defendant.

United States District Court, D. Delaware.

September 24, 1992.

Attorney(s) appearing for the Case

Edward T. Ciconte of Ciconte, Roseman & Wasserman, Wilmington, Del., for plaintiffs.

James F. Kipp and Robert K. Pearce of Trzuskowski, Kipp, Kelleher & Pearce, P.A., Wilmington, Del., for defendant.

MEMORANDUM OPINION

LATCHUM, Senior District Judge.

I. INTRODUCTION

Defendant, Harmony Mill Limited Partnership, seeks an order for summary judgment against plaintiffs David C. Miley, Sr. and April P. Miley, his wife, pursuant to Rule 56 of the Federal Rules of Civil Procedure. The plaintiffs commenced this action to recover damages for alleged injuries sustained when Mr. Miley fell in the shower in an apartment owned by defendant. Plaintiffs base...

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