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HERRERA v. VALENTINE

Nos. 79-1958, 80-2202.

653 F.2d 1220 (1981)

Cleo R. HERRERA, Special Administrator of the Estate of Jo Ann Yellow Bird, deceased, Appellee, v. Clifford VALENTINE, individually and as a police officer of the Gordon, Nebraska, Police Department, and the City of Gordon, Nebraska, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided July 13, 1981.

Attorney(s) appearing for the Case

Frank E. Piccolo, LeRoy Anderson, argued, Murphy, Pederson, Piccolo & Anderson, North Platte, Neb., for appellants.

Douglas J. Sorensen, argued, Schear, Sorensen, Strickman, Tooby & Turner, Oakland, Cal., for plaintiff and appellee Jo Ann Yellow Bird, and Cleo R. Herrera, Sp. Administrator of the Estate of Jo Ann Yellow Bird, deceased.

Before HEANEY and HENLEY, Circuit Judges, and PECK, Senior Circuit Judge.

HEANEY, Circuit Judge.

This matter comes before the Court for a second time. We originally remanded the case to the district court to determine the amount that Jo Ann Yellow Bird is entitled to for attorney's fees and expenses. The district court has made its determination. We now reach the merits of the appeal and affirm the judgment of the court below except insofar as it relates to the award of attorneys' fees and expenses.

I

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