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SCHMELZLE v. WAL-MART, INC.

Civil Action No. 00-2482-CM.

230 F.Supp.2d 1254 (2002)

Rosemary SCHMELZLE, Plaintiff, v. WAL-MART, INC. and Pepsi-Cola General Bottlers, Inc., Defendants.

United States District Court, D. Kansas.

September 23, 2002.

Attorney(s) appearing for the Case

Richard P. Senecal, Atchison, KS, for Plaintiff.

James R. Jarrow, Baker, Sterchi, Cowden & Rice, L.L.C., Overland Park, KS, Mark A. Thornhill, Clayton L. Barker, Spencer, Fane, Britt & Browne, Kansas City, MO, for Defendants.

MEMORANDUM AND ORDER

MURGUIA, District Judge.

This is a personal injury diversity case wherein plaintiff claims that she slipped and fell at defendant Wal-Mart, Inc.'s ("Wal-Mart") Atchison, Kansas store due to the alleged negligence of defendants Wal-Mart and Pepsi-Cola General Bottlers, Inc. ("PCGB"). Pending before the court is defendant Pepsi-Cola Bottlers, Inc.'s Motion for Summary Judgment (Doc. 52). Also pending are Defendant Pepsi-Cola General Bottlers...

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