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MARTIN v. CITY OF NEW ORLEANS

No. 81-3277.

678 F.2d 1321 (1982)

Joel W. MARTIN, Plaintiff-Appellee, v. CITY OF NEW ORLEANS and David Michell, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 11, 1982.

Attorney(s) appearing for the Case

Herman L. Bastian, Jr., Deputy City Atty., Salvador Anzelmo, City Atty., Galen S. Brown, Deputy City Atty., New Orleans, La., for defendants-appellants.

Terrence J. Lestelle, New Orleans, La., Jacob J. Amato, Jr., Gretna, La., for plaintiff-appellee.

Before GOLDBERG, WILLIAMS and GARWOOD, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 11, 1982.

JERRE S. WILLIAMS, Circuit Judge.

In the early morning hours of October 6, 1979, plaintiff-appellee Joel Martin was walking through the French Quarter in New Orleans, Louisiana with his girlfriend, his brother, and a few of his brother's friends. He was standing on Bourbon Street at the corner of Bienville when suddenly he was struck in the back of the neck with what he later discovered to be a bullet...

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