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BREESE v. NEWMAN

No. 36146.

140 N.W.2d 805 (1966)

179 Neb. 878

Harold D. BREESE, Appellant, v. Duane NEWMAN, Harry Smith and William Gleason, Appellees.

Supreme Court of Nebraska.

March 11, 1966.

Attorney(s) appearing for the Case

Wm. S. Padley, Ogallala, for appellant.

Russell, Colfer & Frazier, McCook, for appellees.

Heard before CARTER, SPENCER, BOSLAUGH, BROWER, SMITH and McCOWN, JJ., and BRODKEY, District Judge.

BOSLAUGH, Justice.

This is an action for damages brought by Harold D. Breese as plaintiff. The defendants are Duane Newman, the sheriff of Chase County, Nebraska; Harry Smith, a deputy sheriff of Chase County, Nebraska; and William Gleason, the night marshal of Imperial, Nebraska.

The petition alleged an assault upon the plaintiff by firing at his automobile while he was driving upon U. S. Highway No. 6 in Chase County, Nebraska. The answer alleged that the...

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