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  5. 674 S.W.2d 395 (1984)
 

GREEN v. JACKSON

No. 07-82-0390-CV.

674 S.W.2d 395 (1984)

Ted GREEN, Appellant, v. Donnie Joe JACKSON and Higginbotham-Bartlett Lumber Company, Appellees.

Court of Appeals of Texas, Amarillo.

Rehearing Denied July 24, 1984.

Attorney(s) appearing for the Case

Thomas J. Griffith, Ralph H. Brock, Lubbock, for appellant.

Thompson & Thomas, George L. Thompson III, Crenshaw, Dupree & Milam, Philip Johnson, Lubbock, for appellees.

Before DODSON, COUNTISS and BOYD, JJ.

BOYD, Justice.

Appellant Ted Green (herein Green) brings this appeal from a summary judgment in favor of Higginbotham-Bartlett Lumber Company (herein Company). We affirm the judgment of the trial court.

This appeal arises out of a suit filed by Green against the Company and a co-defendant, Donnie Joe Jackson (herein Jackson). In the suit, Green sought damages resulting from an alleged assault and battery committed on or about May 21, 1980 by Jackson upon Green...

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