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POEPPEL v. FISHER

No. 13461.

572 P.2d 912 (1977)

Richard O. POEPPEL, Plaintiff and Respondent, v. Virgil FISHER, Defendant and Appellant.

Supreme Court of Montana.

Decided December 16, 1977.

Attorney(s) appearing for the Case

Murphy, Robinson, Heckathorn & Phillips, Kalispell, James I. Heckathorn, argued, Kalispell, for defendant and appellant.

Morrison, Hedman & Trieweiler, Whitefish, Terry N. Trieweiler, argued, Whitefish, for plaintiff and respondent.

DALY, Justice.

Defendant Virgil Fisher appeals from the final judgment of the District Court, Flathead County, sitting with a jury. Plaintiff Richard O. Poeppel brought this civil action against defendant seeking money damages for assault and battery. The jury returned a verdict in plaintiff's favor, awarding $5,000 damages.

This cause of action arises out of an altercation that occurred on April 20, 1972, in the Central School, Whitefish, Montana. Plaintiff...

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