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CREEL v. SHADLEY

513 P.2d 755 (1973)

Arthur Wayne CREEL, Respondent, v. Calvin Henry SHADLEY et al., Appellants.

Supreme Court of Oregon, In Banc.

Decided September 10, 1973.

Attorney(s) appearing for the Case

Robert Thomas, Klamath Falls, argued the cause and filed a brief for appellants Shadley.

Enver Bozgoz, Klamath Falls, argued the cause and filed a brief for appellants Weeks and Hicks.

Sam A. McKeen, Klamath Falls, argued the cause and filed a brief for respondent.

HOWELL, Justice.

This is an action for assault and battery arising out of an altercation between plaintiff and the four defendants, who are members of the Klamath Indian tribe. A jury returned a verdict for plaintiff for general, special and punitive damages. The defendants appeal from the judgment entered on the verdict. We reverse and remand for a new trial.

The incident occurred on the evening of June 17, 1971...

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