BAILES, Judge.
Herein Edgar J. Mut, plaintiff-appellant, sued L. Richard Roy and his brother, Norbert Roy, to recover damages allegedly inflicted in an assault and battery committed on his person on the early morning of Sunday, May 12, 1963, at the Candlelight Inn in West Baton Rouge Parish, Louisiana. Norbert Roy was never cited herein because shortly after the alleged assault and battery and prior to the filing of this suit he became a non-resident of this state...
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