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DIAZ v. DEAVERS

No. 1175.

574 S.W.2d 602 (1978)

Noe DIAZ and Alice Diaz, Appellants, v. Frank DEAVERS, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied December 14, 1978.

Attorney(s) appearing for the Case

Jack Ritter, Jr., Austin, for appellants.

Roy Q. Minton, John C. Augustine, Minton, Burton & Fitzgerald, Austin, for appellee.

MOORE, Justice.

This is a suit for damages for personal injuries resulting from an assault. Appellant, Noe Diaz instituted suit against appellee, Frank Deavers, alleging he suffered personal injuries to his left jaw bone and face when Deavers struck him with a wrench.1 Appellee answered with a general denial and affirmatively alleged that Diaz provoked the difficulty and that at the time he struck Diaz, he was acting in self-defense. ...

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