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RUSS v. RATLIFF

No. 76-1007.

538 F.2d 799 (1976)

Mrs. Carnell RUSS, etc., et al., Appellants, v. Charles Lee RATLIFF, etc., et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 27, 1976.

Rehearing and Rehearing Denied August 18, 1976.

Attorney(s) appearing for the Case

James I. Meyerson, N.A.A.C.P., New York City, for appellants; Nathaniel R. Jones, N.A.A.C.P., New York City, and George Howard, Jr., Pine Bluff, Ark., on the briefs.

Lewis D. Smith, Little Rock, Ark., for appellee State.

Odell C. Carter, Star City, Ark., for appellee City.

Before BRIGHT, STEPHENSON and WEBSTER, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 18, 1976.

BRIGHT, Circuit Judge.

Carnell Russ, a 24-year old black man, was shot to death by a Star City, Arkansas, policeman, Charles Lee Ratliff, following Russ' arrest for speeding on Memorial Day afternoon, May 31, 1971. Russ' widow and children (appellants) unsuccessfully sought to recover damages for alleged violation of Russ' civil rights pursuant to 42 U.S.C. § 1983, and, relying upon pendent jurisdiction...

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