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WALL v. AL ZEEB

No. 8388.

153 N.W.2d 779 (1967)

Eugene R. WALL and Judith B. Wall, Plaintiffs and Respondents, v. AL ZEEB and the State Bonding Fund, Defendants and Appellants.

Supreme Court of North Dakota.

Rehearing Denied November 17, 1967.

Attorney(s) appearing for the Case

Rausch & Chapman, Bismarck, for appellant Al Zeeb.

Helgi Johanneson, Atty. Gen., and Gerald VandeWalle, Asst. Atty. Gen., Bismarck, for appellant The State Bonding Fund.

Zuger, Zuger & Bucklin, Bismarck, for plaintiffs and respondents.

TEIGEN, Chief Justice.

The plaintiffs, husband and wife, by this action seek to recover compensatory and exemplary damages for alleged assault and battery upon the plaintiff Eugene R. Wall by the defendant Al Zeeb, a police officer. After a verdict and judgment for the plaintiffs. the defendant Al Zeeb moved for a new trial on the grounds which fall into two major groups—errors of law occurring at the trial and excessive damages appearing to have been given...

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