HORTON v. FLENORY

No. 87-3820.

889 F.2d 454 (1989)

Mamie HORTON, Individually, and as Administratrix of the Estate of Douglas Powdrill, Deceased, and Milton Patrick, Appellees, v. Charles a/k/a Pope FLENORY, Jr., Individually and d/b/a The Cash Club, and as de facto Chief of Police; William Dlubak, Individually and as Police Sergeant; Joseph Mangione, Individually and as Police Lieutenant; Robert Kowalkowski, Individually and as Police Officer; Edward McAfoose, Individually and as Police Chief; John J. Monaco, Individually and as Mayor; of the City of New Kensington, Commonwealth of Pennsylvania. Appeal of CITY OF NEW KENSINGTON and William Dlubak, in his official capacity.

United States Court of Appeals, Third Circuit.

Decided August 18, 1988.

Submitted On Remand September 15, 1989.

Decided November 14, 1989.


Attorney(s) appearing for the Case

Louis C. Long and Jane Ann Thompson, Meyer, Darragh, Buckler, Bebenek, Eck & Hall, Pittsburgh, Pa., for appellant, City of New Kensington.

Donald J. McCormick, Wayman, Irvin & McAuley, Pittsburgh, Pa., for appellant, William Dlubak.

Sanford Kelson, Kelson & Slomski, and Alan D. Hertzberg, Pittsburgh, Pa., for appellees.

Before GIBBONS, Chief Judge, HIGGINBOTHAM, Circuit Judge and ROTH, District Judge.


Originally Submitted Under Third Circuit Rule 12(6) June 22, 1988.

Submitted On Remand from the Supreme Court September 15, 1989.

OPINION OF THE COURT

GIBBONS, Chief Judge:

The City of New Kensington, Pennsylvania, and Sergeant William Dlubak, a police officer, appealed from a judgment against them and in favor of the Estate of Douglas Powdrill, for Powdrill's wrongful death. The case was tried to a jury which found in favor of the plaintiffs...

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