DIAZ v. FAULKNER

No. 14429.

293 F.2d 286 (1961)

Richard G. DIAZ, Plaintiff-Appellant, v. Donald W. FAULKNER, Virgil Gaines Hyneman, doing business as Hynie's Tavern and Seaboard Surety Company of New York, a New York Corporation, Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

October 20, 1961.


Attorney(s) appearing for the Case

Phillip C. Kelly, Jackson, Mich. (Kelly, Kelly & Kelly, Jackson, Mich., Theodore Van Dellen, Albion, Mich., on the brief), for appellant.

Edward D. Wells, Grand Rapids, Mich. (Cholette, Perkins & Buchanan, Grand Rapids, Mich., on the brief), for appellee.

Before MILLER, Chief Judge, and McALLISTER and WEICK, Circuit Judges.


PER CURIAM.

The action in the District Court, which has been referred to as a dramshop case, was for the recovery of damages for personal injuries sustained by plaintiff from an assault committed upon him by defendant Faulkner who was alleged to have been intoxicated. It was plaintiff's theory that the tavern owner and the surety on his bond were liable for these injuries because they were proximately caused or contributed...

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