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CATHEMER v. HUNTER

No. 1 CA-CIV 2980.

27 Ariz. App. 780 (1976)

558 P.2d 975

Louis R. CATHEMER and Mary Cathemer, husband and wife, Appellants, v. Willard HUNTER and Delores Hunter, husband and wife, Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Rehearing Denied December 9, 1976.

Petition for Review Denied January 11, 1977.

Attorney(s) appearing for the Case

Marvin Johnson, P.C. by John P. Otto, Phoenix, for appellants.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Donald E. Dyekman, Phoenix, for appellees.

OPINION

NELSON, Judge.

This is an appeal from a directed verdict entered for appellee, Dr. Willard Hunter, who was sued for a battery allegedly committed upon the appellant, Louis R. Cathemer.

Contained within the general issue of the propriety of the rendition of the directed verdict are two questions:

(1) Whether the appellant consented to the operation performed by Dr. Hunter, and if not, whether the operation actually performed is nonetheless...

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