En Banc Rehearing Denied February 29, 1980.
HALL, Judge.
This is a suit for damages for the wrongful death of Fred Douglas Curry who was fatally shot during an altercation at the Truckers Paradise Cafe. The plaintiffs are the parents of the deceased. The defendant is Joe Bagwell, owner and operator of the cafe. After trial on the merits the district court found that the only issue to be determined was whether the force used by...
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