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YOUNG v. CITY OF KILLEEN, TEX.

No. 84-1767.

775 F.2d 1349 (1985)

Carolyn R. YOUNG, Individually and As Next Friend of Her Minor Child, Nikiya A. Young, and As Community Survivor of David A. Young, Deceased, Plaintiff-Appellee Cross-Appellant, v. The CITY OF KILLEEN, TEXAS, etc., et al., Defendants-Cross Appellees, and Kenneth Olson, Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 9, 1985.

Attorney(s) appearing for the Case

Cox & Smith, Terry S. Bickerton, Cynthia J. Estee, San Antonio, Tex., for defendant-appellant cross-appellee.

Spivey & Griggs, Paul E. Knisely, Dicky Grigg, Austin, Tex., for plaintiff-appellee cross-appellant.

Before REAVLEY and JOLLY, Circuit Judges, and SANDERS, District Judge.

Rehearing and Rehearing En Banc Denied December 9, 1985.

OPINION

REAVLEY, Circuit Judge:

A City of Killeen police officer, Kenneth Olson, shot and killed David A. Young on June 7, 1981. The widow, Carolyn R. Young, suing as community survivor, and for her minor daughter and herself, brought this action against Olson, Police Chief Frances L. Giacomozzi and the City of Killeen under 42 U.S.C. § 1983 as well

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