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BREAZEALE v. RADICH

No. 4073.

500 P.2d 74 (1972)

Melvin S. BREAZEALE, Appellant (Plaintiff below), v. Duschan T. RADICH, Appellee (Defendant below).

Supreme Court of Wyoming.

August 15, 1972.

Attorney(s) appearing for the Case

Robert W. Costin, Laramie, for appellant.

Peter J. Mulvaney, of Guy, Williams, White & Mulvaney, Cheyenne, for appellee.

Before McINTYRE, C.J., and PARKER, McEWAN and GUTHRIE, JJ.

PER CURIAM.

Melvin S. Breazeale brought an action against Duschan T. Radich for damages resulting from an alleged assault and battery. After the case had been set for pretrial, the defendant moved for leave to file an amended answer which would plead the statute of limitations as an affirmative defense. Argument was heard on the motion and leave was granted for the defendant to amend his answer as requested.

Finding the statute of limitations had run, the...

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