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CLARK v. K-MART CORP.

No. 91-3723.

979 F.2d 965 (1992)

Susan CLARK v. K-MART CORPORATION, Appellant.

United States Court of Appeals, Third Circuit.

Reargued September 10, 1992.

Decided November 17, 1992.

Attorney(s) appearing for the Case

Leonard Fornella (argued), Anthony J. Polito, Polito & Smock, Pittsburgh, Pa., for appellant.

C. James Zeszutek (argued), David E. White, Thorp, Reed & Armstrong, Pittsburgh, Pa., for appellee.

Argued April 6, 1992.

Before: GREENBERG and SCIRICA, Circuit Judges, and DEBEVOISE, District Judge.*

Reargued September 10, 1992

Before: SLOVITER, Chief Judge, and STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD, ALITO, and ROTH, Circuit Judges.

OPINION OF THE COURT

NYGAARD, Circuit Judge.

In this appeal, K-Mart challenges first...

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