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STERLING v. CITY OF ALBANY

555 P.2d 23 (1976)

276 Or. 403

T.H. STERLING, Personal Representative of the Estate of Maurice D. Sterling, Deceased, Petitioner, v. CITY OF ALBANY, a Municipal Corporation, et al., Respondents.

Supreme Court of Oregon, In Banc.

Decided October 14, 1976.

Attorney(s) appearing for the Case

Raymond J. Conboy, Portland, argued the cause for petitioner. With him on the briefs were Pozzi, Wilson & Atchison and Elden M. Rosenthal, Portland, and Emmons, Kyle, Kropp & Kryger and C.S. Emmons, Albany.

Edward H. Warren, Portland, argued the cause for respondents. With him on the brief were Hershiser, Mitchell & Warren, and William H. Mitchell, Portland.

O'CONNELL, Justice.

This is a petition for review of a decision of the Court of Appeals. Sterling v. City of Albany, 24 Or.App. 397, 545 P.2d 1386 (1976).

The petitioner is the personal representative of Maurice Sterling, who was killed by police gunfire on April 15, 1972. Petitioner filed a wrongful death action against the city of Albany and the two policemen involved in the shooting. After a jury verdict for the...

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