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GUILLEN v. KUYKENDALL

No. 72-2865. Summary Calendar.

470 F.2d 745 (1972)

Eusebio Guerrero GUILLEN, Plaintiff-Appellant-Cross Appellee, v. Thomas KUYKENDALL, Defendant-Cross Appellant, and C. R. Kuykendall, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 12, 1972.

Attorney(s) appearing for the Case

Oscar J. Pena, Ruben Garcia, Laredo, Tex., for Eusebio Guerrero Guillen.

Julio A. Garcia, Laredo, Tex., for Thomas Kuykendall.

J. G. Hornberger, Robert O'Connor, Jr., Laredo, Tex., for Thomas & C. R. Kuykendall.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.

PER CURIAM:

Plaintiff, Eusebio Guerrero Guillen, a Mexican alien, was shot by the defendant, Thomas Kuykendall, on the Texas ranch owned by Thomas Kuykendall's father, C. R. Kuykendall. The father was also named as a defendant. The plaintiff sued to recover damages. The case was tried to a jury. The only issue that went to the jury was the amount of damages. The trial judge had decided as a matter of law that Thomas Kuykendall was responsible for the shooting. Plaintiff...

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