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MAJOR v. BENTON

No. 80-1029.

647 F.2d 110 (1981)

Susan MAJOR and Melissa Major and Arlie Homer Major, Jr., Minors, by and through their mother and guardian, Susan Major, Plaintiffs-Appellants, v. Ned BENTON, Peter A. Douglas, and George Carr, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided April 13, 1981.

Attorney(s) appearing for the Case

H. J. Mesigh of Theimer, Mesign & Page, Oklahoma City, Okl., for plaintiffs-appellants.

Robert H. Mitchell, Jan Eric Cartwright, Attys. Gen. of Oklahoma and Ronald Lee Johnson, Asst. Atty. Gen., Oklahoma City, Okl., for defendants-appellees.

Before McKAY, LOGAN and SEYMOUR, Circuit Judges.

LOGAN, Circuit Judge.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R.App.P. 34(a); Tenth Cir.R. 10(e). This cause is therefore ordered submitted without oral argument.

This appeal arises out of a Civil Rights Act suit brought because of the death of Arlie Major, who died in a cave-in of a sewer...

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