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MADDEX v. RICCA

Civ. No. 900.

258 F.Supp. 352 (1966)

Fred MADDEX, Plaintiff, v. Frank RICCA dba Gateway Buffet, and Harold Atlee, Defendants.

United States District Court D. Arizona, Prescott Division.

September 12, 1966.

Attorney(s) appearing for the Case

Alan Philip Bayham, Dykes, Selden & Bayham, Phoenix, Ariz., Edward H. Spraker, Fresno, Cal., for plaintiff.

Rex H. Moore, Jennings, Strouss, Salmon & Trask, Phoenix, Ariz., for defendant, Frank Ricca.

Keith F. Quail, Favour & Quail, Prescott, Ariz., for defendant, Harold Atlee.

MEMORANDUM OPINION

McNICHOLS, District Judge.

This is a personal injury controversy. By appropriate pre-trial order, the questions of liability and damages have been severed and only the issue of liability is here presented. No timely request having been made for a jury, the matter was tried to the Court. Evidence on the sole issue of liability was taken and the cause submitted after the filing of briefs.

The following factual background brought...

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