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Dilly v. S.S. Kresge

United States Court of Appeals for the Fourth Circuit
606 F.2d 62 (1979)


Facts

Eleanor Dilly (plaintiff) injured her neck during the course of employment when an assistant manager of her employer, S.S. Kresge Co. (Kresge) (defendant), grabbed and shook her. Dilly brought this action against Kresge. The district court granted Dilly’s motion for summary judgment on the issue of Kresge’s liability, and set a hearing to determine the existence and amount of damages to award Dilly. Kresge filed a notice of appeal, which was taken prior to the ascertainment of damages. Kresge argues that the appeal from the grant of summary judgment for Dilly is an appeal from a final order.

Rule of Law

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Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Widener, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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