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HITT v. CITY OF PASADENA

No. 77-2043 Summary Calendar.

561 F.2d 606 (1977)

Ricky D. HITT, Kathleen Hitt and Charlott Cross, Plaintiffs-Appellants, v. The CITY OF PASADENA and John Ray Harrison, Individually and as Mayor of Pasadena, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 19, 1977.

Attorney(s) appearing for the Case

W. Michael Leebron, II, Laron D. Robinson, Houston, Tex., for plaintiffs-appellants.

Charles A. Easterling, City Atty., Douglas Ogle, Asst. City Atty., Pasadena, Tex., for defendants-appellees.

Before AINSWORTH, MORGAN and GEE, Circuit Judges.

PER CURIAM:

The plaintiffs in this case are the surviving children of Charles A. Hitt. They brought a civil rights action under 42 U.S.C. §§ 1981-1983 against the mayor and City of Pasadena, Texas, and against unknown police agents of that city. They allege that their father, while in custody of the Pasadena police, suffered a beating that later proved fatal. Shortly after their complaint was filed the defendants filed an answer and a motion to dismiss under...

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