WHITE v. GILL

No. 6686.

309 So.2d 744 (1975)

Justin Smith WHITE, III v. Harold H. GILL and Michael Hardy Gill.

Court of Appeal of Louisiana, Fourth Circuit.

March 12, 1975.


Attorney(s) appearing for the Case

Maurice R. Franks, New Orleans, for plaintiff-appellant.

Frank B. Fenerty, New Orleans, for defendant-appellee.

Before GULOTTA, STOULIG and BOUTALL, JJ.


GULOTTA, Judge.

Plaintiff was injured as a result of a fight with defendant on the early morning of February 5, 1971, following an argument in a bar resulting allegedly from plaintiff's misconduct while dancing with defendant's female companion. The altercation was the second between the same parties at the same place on the same morning.

The trial judge dismissed plaintiff's suit and in reasons for judgment stated:

"From the testimony heard and witnesses...

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