Lawrence Mitchell and Algerie Mitchell v. Archibald & Kendall, Inc.

PELL, Circuit Judge.

Plaintiffs-appellants Lawrence and Algerie Mitchell appeal from the judgment of the district court in dismissing their cause against Archibald & Kendall, Inc. (A & K) for failure to state a claim for which relief can be granted. The major legal question presented in this diversity case is whether the owner or occupier of land has a duty of reasonably guarding an invitee against criminal attacks that take place beyond the boundaries of his premises and on a public thoroughfare.1

*431The complaint sets forth the following facts. Lawrence Mitchell, accompanied by his wife and two…