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THWEATT v. ONTKO

No. 85-1357.

814 F.2d 1466 (1987)

The Reverend Richmond F. THWEATT, III, Father and Next Friend of Richmond F. Thweatt, IV, a Minor Child, Plaintiff-Appellant, v. Dr. Joseph A. ONTKO, an Individual, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

March 25, 1987.

Attorney(s) appearing for the Case

Charles J. Watts of Looney, Nichols, Johnson & Hayes, Oklahoma City, Okl., and J.W. Coyle, III, of Hughes & Nelson, Oklahoma City, Okl., on the briefs, for plaintiff-appellant.

A.T. Elder, Jr., of Stewart & Elder, Oklahoma City, Okl., on the brief, for defendant-appellee.

Before McKAY, SEYMOUR and TACHA, Circuit Judges.

McKAY, Circuit Judge.

This appeal comes from a jury verdict for defendant Dr. Joseph A. Ontko and against plaintiff Rev. Richmond F. Thweatt, III. Rev. Thweatt brought this negligence action to recover for shooting injuries suffered by his 13-year-old son, Richmond, when Richmond, with his uncle and cousin, engaged in a "night patrol" on and around Dr. Ontko's property. Rev. Thweatt now appeals, submitting four trial court actions for review.

I.

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