Legal Opinion

Marie E. Pogue and William T. Pogue v. The Great Atlantic & Pacific Tea Company

Court of Appeals for the Fifth Circuit

Decided May 10, 1957No. 16254_1PublishedCited by 48 opinions

1Opinion of the Court

RIVES, Circuit Judge.

In an action by a customer against a storekeeper to recover for injuries suffered when the customer slipped and fell in the store, one district judge, Honorable John W. Holland, denied defendant’s motion for summary judgment on November 16, 1953, but two and one-half years later, on June 19, 1956, another district judge, Honorable Joseph P. Lieb, entered summary judgment for the defendant. From that judgment this appeal is prosecuted.

In reviewing the summary judgment, we need consider only that evidence most favorable to the party against whom the judgment was rendered,…

2Cases cited19 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Lavender v. KurnSupreme Court of the United States · 1946
  3. Voelker v. Combined Ins. Co. of AmericaSupreme Court of Florida · 1954
  4. Quentin Reynolds v. Westbrook Pegler, the Hearst Corporation and Hearst Consolidated Publications, Inc.Court of Appeals for the Second Circuit · 1955
  5. Mrs. Fern W. Reuter v. Eastern Air Lines, Inc.Court of Appeals for the Fifth Circuit · 1955

14 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Adam G. Nunez v. The Superior Oil CompanyCourt of Appeals for the Fifth Circuit · 1978
  2. Named Individual Members of the San Antonio Conservation Society v. The Texas Highway Department, and the United States Department OftransportationCourt of Appeals for the Fifth Circuit · 1971
  3. United States v. Teresita Sorrels v. NCL (Bahamas), LTDCourt of Appeals for the Eleventh Circuit · 2015
  4. Harvey Thomas Smoot, Jr. v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Fifth Circuit · 1962
  5. Lottie Everett and Robert Everett, Cross-Appellants v. Carnival Cruise Lines, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1990

43 more not listed; retrieve them via the Exa API.

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