United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 97-1349 ___________ Gary Pelton, * * Appellant, * * Appeal from the United States v. * District Court for the * District of Minnesota. * Wal-Mart Stores, Inc., * [UNPUBLISHED] * Appellee. * ___________ Submitted: October 24, 1997 Filed: December 19, 1997 ___________ Before McMILLIAN and BEAM, Circuit Judges and WEBB,1 District Judge. ___________ PER CURIAM.

Gary Pelton appeals from the district court's2 adverse entry of summary judgment in this action for injuries sustained at a business owned and operated by Wal-Mart

The Honorable Rodney S. Webb, Chief Judge, United States District Court for the District of North Dakota, sitting by designation.

The Honorable David S. Doty, United States District Judge for the District of Minnesota.

Stores, Inc. Having carefully reviewed the record and the parties' briefs, we conclude that the district court did not err. Accordingly, we affirm.

See 8th Cir. R. 47B.

A true copy.

ATTEST: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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