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McDANIEL v. CARROLL

No. 71-1871.

457 F.2d 968 (1972)

Steven Ray McDANIEL b/n/f and natural parent of Keith McDaniel, Benny Fred Jenkins and Constance Beverly Harbison, Plaintiffs-Appellees, v. Robert CARROLL and Western Surety Company, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

April 11, 1972.

Attorney(s) appearing for the Case

William D. Vines, III, Knoxville, Tenn., on brief for Carroll; James E. Foglesong, Knoxville, Tenn., on brief for Western Surety Co.; Poore, Cox, Baker, McAuley, Ray & Byrne, Knoxville, Tenn., of counsel.

Norbert J. Slovis, and William R. Fain, III, Knoxville, Tenn., on brief for plaintiffs-appellees; Lockett, Slovis & Weaver, Knoxville, Tenn., of counsel.

Before WEICK, McCREE and MILLER, Circuit Judges.

WEICK, Circuit Judge.

The actions in the District Court were brought under the Civil Rights Act1 against the Sheriff of Blount County, Tennessee, the Deputy Sheriff, and the surety on the Sheriff's bond, to recover compensatory and punitive damages for personal injuries sustained by the plaintiffs when they were shot by the Deputy as he was endeavoring to serve an arrest warrant.

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