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SMITH v. CONLEY

No. 77-1875.

584 F.2d 844 (1978)

Albert SMITH and Edwena Wynema Smith, Plaintiffs, Appellants, v. Robert CONLEY, Defendant, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 11, 1978.

Attorney(s) appearing for the Case

Susan M. Hammer, Clayton, Mo., argued, Charles P. Todt, Clayton, Mo., on brief, for plaintiffs, appellants.

John Gianoulakis of Kohn, Shands, Elbert, Gianoulakis & Giljum, St. Louis, Mo., argued, Mark J. Bremer and Cynthia C. Bottini, St. Louis, Mo., on brief, for defendant, appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, LAY, Circuit Judge, and MacLAUGHLIN, District Judge.

MacLAUGHLIN, District Judge.

Plaintiffs appeal from judgment for defendant entered on a jury verdict in the United States District Court for the Eastern District of Missouri. The jury found no deprivation of constitutional rights in the death of plaintiffs' son which resulted from the discharge of defendant's gun. We affirm.

This suit under 42 U.S.C. § 1983 arises out of events which occurred in University City, Missouri, on November 23, 1974. That day...

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