Motion for Rehearing or to Transfer to Court En Banc Denied October 9, 1967.
HIGGINS, Commissioner.
Action for damages for assault and battery resulting in verdict and judgment for plaintiff for $50,000 actual and $20,000 punitive damages.
Plaintiff's first amended petition charged that defendant "without just cause or provocation, wilfully, wrongfully, and unlawfully assaulted the person of the plaintiff with a deadly weapon, by then and there shooting...
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