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PALMER v. HALL

No. 74-3272.

517 F.2d 705 (1975)

Quinton David PALMER, by next friend, Marie Palmer, Plaintiff-Appellee, v. Roger HALL, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing En Banc Denied October 3, 1975.

Attorney(s) appearing for the Case

Lawton Miller, Manley F. Brown, H. T. O'Neal, Jr., Lamar W. Sizemore, Jr., Macon, Ga., for defendants-appellants.

Kyle Yancey, Atlanta, Ga., for plaintiff-appellee.

Before COLEMAN, MORGAN and CLARK, Circuit Judges.

COLEMAN, Circuit Judge.

Invoking the provisions of 42 U.S.C. § 1983, Quinton David Palmer, a black male, twelve years of age when shot by a Macon policeman while fleeing from the scene of a misdemeanor, sued the officer who shot him, the other officer who was in the vicinity, the Mayor, and the members of the Macon City Council. A trial to the Court without the intervention of a jury, resulted in the exoneration of all defendants except the Mayor

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