REEVES, District Judge.
This is a suit for damages arising from an alleged assault upon the plaintiff by the manager of one of the defendant's grocery and food stores in Kansas City. A jury was waived and the case was tried to the court sitting as a jury.
It is alleged in the complaint "That on September 1, 1945, at about 6:00 p. m., this plaintiff * * * was assaulted and attacked by the manager of said store, without provocation or cause; * * * when he was...
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