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ATKINSON v. BASS

No. 77-1221.

579 F.2d 865 (1978)

Roy ATKINSON, Administrator of the Estate of Alex Norris Atkinson, Appellant, v. E. R. BASS and A. J. Hayes, Jr., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 13, 1978.

Attorney(s) appearing for the Case

Herman L. Taylor, Greensboro, N. C., for appellant.

Louis B. Meyer, Wilson, N. C. (Lucas, Rand, Rose, Meyer, Jones & Orcutt, Wilson, N. C., on brief), for appellees.

Before BRYAN, Senior Circuit Judge, and RUSSELL and WIDENER, Circuit Judges.

ALBERT V. BRYAN, Senior Circuit Judge:

The District Court, we conclude, rightfully granted summary judgment as moved by defendant police officers, Bass and Hayes, in this civil rights action of plaintiff administrator against them for damages for the fatal shooting of his intestate, Alex Atkinson, in Wilson, North Carolina. 42 U.S.C. § 1983.

Deceased was shot as he aimed a loaded firearm at the officers, resisting their execution upon him of a search...

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