CHENEY v. MOLER

No. 6422.

285 F.2d 116 (1960)

Wayne B. CHENEY, Appellant, v. Millard MOLER, Appellee.

United States Court of Appeals Tenth Circuit.

November 18, 1960.


Attorney(s) appearing for the Case

John Staley Holden, Cimarron, Kansas, for appellant.

Logan N. Green, Garden City, Kan. (Ray H. Calihan, Daniel R. Hopkins and Ray H. Calihan, Jr., Garden City, Kan., were with him on the brief), for appellee.

Before PHILLIPS, HUXMAN and LEWIS, Circuit Judges.


LEWIS, Circuit Judge.

Plaintiff-appellant initiated this suit as a claim for damages resulting from personal injuries suffered in a fight with defendant-appellee, who, in turn counterclaimed for damages arising from the altercation. The conflicting claims were submitted for determination to a jury sitting with the District Court for the District of Kansas upon instructions explaining the law of Kansas relative to assault and battery and that pertaining to liability...

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