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PHILLIPS v. CHELTENHAM TP.

No. 77-1374.

575 F.2d 72 (1978)

Myer PHILLIPS, Administrator of the Estate of Gary Louis Phillips, Deceased, Appellee, v. CHELTENHAM TOWNSHIP and John Ward. Appeal of John WARD.

United States Court of Appeals, Third Circuit.

Decided April 24, 1978.

Attorney(s) appearing for the Case

Daniel T. McWilliams, Thomas E. Thomas, Philadelphia, Pa., McWilliams and Sweeney, for appellant.

Samuel H. High, Jr., High, Swartz, Roberts & Seidel, for Tp. of Cheltenham.

Irving L. Madnick, Philadelphia, Pa., for appellee.

Before HUNTER, WEIS and GARTH, Circuit Judges.

OPINION

PER CURIAM:

In this action we are asked to review a finding of the district court that appellant John Ward, a police officer of Cheltenham Township, Pennsylvania, violated the civil rights of Gary Phillips. Ward shot and killed Phillips during an attempted arrest while Phillips was allegedly fleeing the scene of a burglary. The administrator of Phillips' estate brought this suit under 42 U.S.C. § 1983 for damages on the ground that Officer Ward...

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