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HOLLIDAY v. GREAT ATLANTIC & PACIFIC TEA COMPANY

No. 15909.

256 F.2d 297 (1958)

Harold L. HOLLIDAY, Jr., a Minor, by Harold L. Holliday, Next Friend, and James O. Draffen, a Minor, by Ernest Draffen, Next Friend, Appellants, v. GREAT ATLANTIC & PACIFIC TEA COMPANY, a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

June 5, 1958.

Attorney(s) appearing for the Case

Harold L. Holiday, Kansas City, Mo. (Lee Vertis Swinton, Kansas City, Mo., was with him on the brief), for appellants.

Fred Bellemere, Jr., Kansas City, Mo. (Bellemere & Bellemere, Kansas City, Mo., was with him on the brief), for appellee.

Before GARDNER, Chief Judge, and VOGEL and MATTHES, Circuit Judges.

GARDNER, Chief Judge.

This appeal is from a judgment for the defendant based upon a jury verdict in an action in which appellants as plaintiffs sought to recover damages upon three causes of action. We shall refer to appellants as plaintiffs.

Plaintiffs are minors and brought their action by and through their fathers as next friend. In their joint complaint each plaintiff charged (1) false imprisonment, (2) slander and (3) assault and battery. The defendant...

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