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BOHLENDER v. OSTER

No. 22213.

439 P.2d 999 (1968)

Adolph BOHLENDER, Plaintiff In Error, v. James Le Roy OSTER, Defendant in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied May 13, 1968.

Attorney(s) appearing for the Case

Wm. Albion Carlson, Greeley, for plaintiff in error.

Kripke, Hoffman & Friedman, Denver, for defendant in error.

MOORE, Chief Justice.

James Le Roy Oster filed a complaint against Adolph Bohlender in which he sought to recover compensatory and exemplary damages which allegedly resulted from an assault and battery committed by Bohlender on May 7, 1963.

The defendant Bohlender denied the allegations of the complaint, and by counterclaim alleged that Oster himself was guilty of assault and battery at the time and place identified in the complaint, as a result of which he...

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