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BALISTRERI v. TURNER

Docket No. 21384.

227 Cal.App.2d 236 (1964)

38 Cal. Rptr. 553

JOSEPH BALISTRERI, Plaintiff and Respondent, v. ED TURNER, Defendant and Appellant.

Court of Appeals of California, First District, Division Two.

May 15, 1964.

Attorney(s) appearing for the Case

Jennings, Haid, Gartland & Tilly and James E. Burns for Defendant and Appellant.

Nathan Cohn and Michael Berger for Plaintiff and Respondent.

SHOEMAKER, P.J.

Plaintiff Joseph Balistreri brought this action against defendants Ed Turner and Richard Burnside to recover damages for assault and battery. Count one of the complaint alleged that defendant Burnside, while acting as the agent of defendant Turner, did wilfully and without provocation strike and injure plaintiff. Count two of the complaint alleged a conspiracy between defendants Turner and Burnside to maliciously assault and injure plaintiff.

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