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PATTON v. GUYER

Nos. 478-69, 479-69.

443 F.2d 79 (1971)

Gary D. PATTON, Plaintiff-Appellee Cross-Appellant, v. Albert E. GUYER, Martha Frances Guyer, Howard Fisher, d/b/a Fisher's I.G.A., Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Tenth Circuit.

April 8, 1971.

Attorney(s) appearing for the Case

Bradley Post, Wichita, Kan. (Michaud & Cranmer, Wichita, Kan., on the brief), for plaintiff-appellee-cross-appellant.

Ward E. Loyd and Daniel J. High, Garden City, Kan. (Calihan, Green, Calihan & High, Garden City, Kan., on the brief), for defendants-appellants-cross-appellees.

Before HILL and SETH, Circuit Judges, and DOYLE, District Judge.

WILLIAM E. DOYLE, District Judge.

This is an appeal from a judgment entered on a jury verdict against the defendants-appellants (in the amount of $11,000.00). The same jury also returned a verdict against a co-defendant, Ernest Craig, Jr., the then Sheriff of Kearny County, Kansas, in a lesser amount ($500.00 actual and $500.00 exemplary). Although defendant Craig has not appealed, the validity of the award against him is before us in relation to the propriety of...

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