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CHESTNUT v. CITY OF QUINCY

No. 74-2916.

513 F.2d 91 (1975)

Harry CHESTNUT et al., Plaintiffs-Appellants, v. CITY OF QUINCY, R. D. Edwards, Individually and as Chief of Police, City of Quincy, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 21, 1975.

Attorney(s) appearing for the Case

Kent Spriggs, Tallahassee, Fla., Jack Greenberg, New York City, for plaintiffs-appellants.

Drew Days, New York City, for N. A. A. C. P.

Alton M. Towles, Quincy, Fla., W. K. Whitfield, Tallahassee, Fla., for defendants-appellees.

Before GEWIN, DYER and ADAMS, Circuit Judges.

PER CURIAM:

On October 10, 1970, Roberts, an officer of the City of Quincy, Florida, Department of Public Safety, while attempting to arrest Chestnut, shot and injured him. Another bullet grazed a bystander, Fisher. They brought suit under 42 U.S.C.A. § 1983 for damages against Roberts and Chief of Police Edwards. The district court entered a partial summary judgment in favor of Edwards and this appeal ensued.

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