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BREITHAUPT v. SELLERS

No. 7214.

380 So.2d 1257 (1980)

Robert M. BREITHAUPT, Jr., Plaintiff-Appellant, v. Luke SELLERS, Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

Rehearing Denied March 19, 1980.

Attorney(s) appearing for the Case

William Henry Sanders, Jena, Martzell & Montero by Wilson M. Montero, Jr., New Orleans, for plaintiff-appellant.

Gold, Little, Simon, Weems & Bruser, Herbert J. Mang, Jr., Alexandria, Gist, Methvin, Hughes & Munsterman, H. B. Gist, Jr., Alexandria, for defendant-appellee.

Before CULPEPPER, DOMENGEAUX and STOKER, JJ.

STOKER, Judge.

Plaintiff, Robert Breithaupt, Jr., brought this tort action against Luke Sellers to recover damages for personal injuries sustained by plaintiff when he was shot. Plaintiff also filed suit against Houston General Insurance Company seeking damages for the same injury.1 At the trial of these consolidated cases, following the presentation of plaintiff's case, defendant Sellers moved for a directed verdict. The trial judge directed...

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