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MARINO v. SANDER

Civ. A. No. 92-2159-GTV.

834 F.Supp. 1335 (1993)

Ken MARINO, Plaintiff, v. Julius SANDER, Esther Sander, and Johnston Coca-Cola Bottling Group, Inc., d/b/a Coca-Cola of Mid-America, Inc., Defendants.

United States District Court, D. Kansas.

October 5, 1993.

Attorney(s) appearing for the Case

Frank L. Austenfeld, Austenfeld & Austenfeld, Overland Park, KS and Sylvester James, Jr., Kenner & James, P.C., Kansas City, MO, for plaintiff.

Frederick K. Starrett, Lathrop & Norquist, Overland Park, KS, M. Joan Klosterman, James C. Morrow, Gordon N. Myerson and David M. Mayer, Myerson, Monsees & Morrow, Kansas City, MO, for defendants.

MEMORANDUM AND ORDER

VAN BEBBER, District Judge.

This is an action by plaintiff Ken Marino against defendants Julius Sander, Esther Sander, and Johnston Coca-Cola Bottling Group, Inc., d/b/a Coca-Cola of Mid-America, Inc. (Johnston), alleging that their negligence caused him to suffer physical injuries when he fell down a stairway in a building owned by the Sanders. The case is before the court on the following motions of the parties:

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