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EOFF v. MUSKIET

No. 8024.

561 S.W.2d 542 (1977)

John David EOFF, Appellant, v. D. V. MUSKIET et al., Appellees.

Court of Civil Appeals of Texas.

Rehearing Denied January 26, 1978.

Attorney(s) appearing for the Case

Paul R. Lawrence, Houston, for appellant.

David J. Beck, Houston, for appellees.

KEITH, Justice.

Plaintiff appeals from an adverse judgment based upon a jury verdict in a suit involving an assault and battery. Plaintiff and several friends went to a restaurant in Houston late in the evening and stayed for the entertainment. During their visit they admittedly consumed a considerable amount of beer and the testimony is disputed only as to whether the plaintiff and his friends were actually in a state of intoxication or simply under the influence...

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