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MELICHAR v. NOTHERN

No. 74-254.

534 P.2d 832 (1975)

Albert MELICHAR, Plaintiff-Appellant, v. J. F. NOTHERN et al., Defendants-Appellees, L. D. Kane, Defendant.

Colorado Court of Appeals, Div. I.

Rehearing Denied April 8, 1975.

Certiorari Denied May 19, 1975.

Attorney(s) appearing for the Case

Epstein, Lozow & Preblud, P.C., Donald L. Lozow, Jon Lozow, Denver, for plaintiff-appellant.

Wesley H. Doan, Richard L. Dally, Bruno, Bruno & Bruno, Frank A. Bruno, Ashen & Fogel, Marshal A. Fogel, Max P. Zall, City Atty., Denver, for defendants-appellees.

Not Selected for Official Publication.

COYTE, Judge.

Plaintiff filed suit alleging assault and battery on him by four Denver police officers. Defendants in their answer generally denied the allegations of plaintiff's complaint and asserted self-defense as an affirmative defense. At the conclusion of the evidence, on motion, the court dismissed plaintiff's complaint as to L. D. Kane. This dismissal is not asserted as error. The jury, after being instructed...

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