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CITY OF FORT PIERCE v. COOPER

No. 261.

190 So.2d 12 (1966)

CITY OF FORT PIERCE, Florida, a Municipal Corporation, Appellant, v. Gerald D. COOPER et al., Appellees.

District Court of Appeal of Florida. Fourth District.

Rehearing Denied October 3, 1966.

Attorney(s) appearing for the Case

Larry Klein, of Miller, Cone, Owen, Wagner & Nugent, West Palm Beach, for appellant.

Sam D. Phillips, Jr., of Phillips & Hathaway, West Palm Beach, for appellees.

ADAMS, GEORGE E., Associate Judge.

This is an appeal by the defendant, City of Fort Pierce, from an order of the trial court granting a new trial.

Gerald D. Cooper brought his action against the City of Fort Pierce and Warren Durham, a police officer of said city, in two counts. The first count alleges that said police officer, while acting in his capacity as a police officer and within the scope of his employment, did commit an intentional tort, to-wit: assault...

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