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BROADWAY v. WESTER

No. 1904.

193 So.2d 855 (1967)

Earl BROADWAY et frere, Plaintiffs-Appellees, v. Vernon WESTER, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied February 1, 1967.

Writ Refused February 24, 1967.

Attorney(s) appearing for the Case

Gahagan & Gahagan, by Russell E. Gahagan, Natchitoches, for defendant-appellant.

John P. Godfrey, Many, for plaintiffs-appellees.

Before TATE, SAVOY and CULPEPPER, JJ.

TATE, Judge.

The plaintiff brothers were each shot by the defendant Wester. They ("Earl" and "Everrette") bring this suit for personal injuries thus sustained. The trial court awarded them judgment.

By his appeal to this court the defendant Wester contends that no recovery should be allowed because the Broadway brothers, the plaintiffs, were the aggressors who provoked the fight, Massett v. Keff, 116 La. 1107, 41...

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