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  5. 142 Cal.App.2d 350 (1956)
 

CARTER v. SUPERIOR COURT

Docket No. 21753.

142 Cal.App.2d 350 (1956)

298 P.2d 598

O.G. CARTER, Petitioner, v. SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; SAM GREENWOOD, Real Party in Interest.

Court of Appeals of California, Second District, Division One.

June 18, 1956.

Attorney(s) appearing for the Case

Eugene S. Ives for Petitioner.

Harold W. Kennedy, County Counsel, and Thomas Carver, Deputy County Counsel, for Respondent.

No appearance for Real Party in Interest.

NOURSE (Paul), J. pro tem.*

Petitioner is the defendant in an action to recover damages for an alleged assault and battery, commenced by one Greenwood, the real party in interest.1

The relevant facts established by the record before us are:

Petitioner is the owner and manager of a restaurant in the city of Long Beach. In August of 1955, Greenwood...

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