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MYERS v. CITY OF POCATELLO

No. 11491.

559 P.2d 1136 (1977)

98 Idaho 168

Joseph E. MYERS, and Edna M. Myers, husband and wife, Plaintiffs-Appellants, v. CITY OF POCATELLO, a Municipal Corporation of the State of Idaho, et al., Defendants-Respondents.

Supreme Court of Idaho.

February 9, 1977.

Attorney(s) appearing for the Case

Vern E. Herzog, Jr., and Billy B. Isley, Jr., Pocatello, for plaintiffs-appellants.

Merrill & Merrill, Dave Gallafent, Pocatello, for respondents City of Pocatello and Jay H. Jensen.

F.L. Ringe, Pocatello, for respondent Union Pacific R. Co.

McFADDEN, Chief Judge.

This litigation arose as a result of an altercation on Union Pacific Railroad property in Pocatello, Idaho, on September 25, 1967. The altercation involved Joseph E. Myers, plaintiff and Warren Tyler, defendant, a Union Pacific employee. (Note that Tyler has neither appeared in this action nor been served with process.) In the complaint, it is alleged that following this fight, Tyler filed a criminal complaint in justice court on grounds of...

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