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WOLFER v. THALER

No. 75-3077 Summary Calendar.

525 F.2d 977 (1976)

Charles J. WOLFER and wife, Kathryn Wolfer, Plaintiffs-Appellants, v. Raymond C. THALER and the City of Brenham, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 7, 1976.

Attorney(s) appearing for the Case

Ben G. Levy, Houston, Tex., for plaintiffs-appellants.

R. William Spinn, Brenham, Tex., for defendants-appellees.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

DYER, Circuit Judge:

Appellants are husband and wife who brought suit under 42 U.S.C.A. § 1983,1 against defendant police officer Thaler, and the City of Brenham, Thaler's employer. The gravaman of the complaint is that Thaler's fatal shooting of appellants' son while he was attempting to flee from a burglary was an unconstitutional deprivation of their son's life. Appellants seek monetary damages for the loss of their son, a declaratory...

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