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LINTON v. CITY OF BATON ROUGE

No. 86 CA 1179.

517 So.2d 199 (1987)

Alvin W. LINTON v. CITY OF BATON ROUGE, et al.

Court of Appeal of Louisiana, First Circuit.

November 10, 1987.

Attorney(s) appearing for the Case

Johnny E. Wellons, Baton Rouge, for plaintiff-appellee Alvin W. Linton.

Frank J. Gremillion, Baton Rouge, for defendant-appellant City of Baton Rouge, et al.

Before COVINGTON, C.J., and SHORTESS and SAVOIE, JJ.

SAVOIE, Judge.

This is a tort action involving comparative negligence. From a judgment fixing fault at 50% for plaintiff and 50% for defendant the defendant appeals, and plaintiff answers the appeal.

FACTS

At 3:00 a.m. on December 16, 1982 plaintiff and one Clyde Reed walked to a 7-11 convenience store on Plank Road, Baton Rouge, Louisiana. Plaintiff attempted to shoplift but was caught by Hamilton, the night manager. Plaintiff pulled a gun and threatened...

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