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CUNNINGHAM v. ELLINGTON

Civ. No. C-70-250.

323 F.Supp. 1072 (1971)

Odell CUNNINGHAM, Clemmie Ivey, Betty Lue Ivey, a minor, by next friend, James Mason, all next of kin of James Ivey, deceased, individually and on behalf of all persons similarly situated, Plaintiffs, v. Buford ELLINGTON, Governor of the State of Tennessee, David Pack, Attorney General of Tennessee, Henry Loeb, Mayor of Memphis, Tennessee, Frank Holloman, Director of Police Department of Memphis, Tennessee, Henry Lux, Chief of Police of Memphis, Tennessee, individually and in their respective official capacities, and Patrolmen W. H. Arnold and K. S. Rooker of the Memphis Police Department, Defendants.

United States District Court, W. D. Tennessee, W. D.

March 5, 1971.

Attorney(s) appearing for the Case

Walter L. Bailey, Jr., Ratner, Sugarmon & Lucas, Irvin M. Salky, Louis R. Lucas, Memphis, Tenn., Jack Greenberg, Drew Days, III, Michael Meltzner, New York City, for plaintiffs.

Thomas E. Fox, Deputy Atty. Gen. of Tenn., Nashville, Tenn., for defendants Ellington and Pack.

James M. Manire, City Atty., Frierson M. Graves, Jr., Asst. City Atty., Memphis, Tenn., for remaining defendants.

Before PHILLIPS, Circuit Judge, BAILEY BROWN, Chief Judge, and McRAE, District Judge.

OPINION AND ORDER

BAILEY BROWN, Chief Judge.

Plaintiffs allege that they are the beneficiaries of the death action resulting from the death of James Ivey, who, plaintiffs allege, was shot and killed by defendants Arnold and Rooker, officers of the Memphis Police Department, while the officers were investigating a burglary attempt and while he was fleeing from an arrest by those officers. Plaintiffs bring this...

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