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CARTER v. CITY OF EMPORIA, KAN.

Civ. A. No. 79-1654.

543 F.Supp. 354 (1982)

Morene CARTER, Special Administratrix of the Estate of Billy Wayne Carter, Deceased, Plaintiff, v. CITY OF EMPORIA, KANSAS, et al., Defendants.

United States District Court, D. Kansas.

July 13, 1982.

Attorney(s) appearing for the Case

Fred W. Phelps, Jr., Fred W. Phelps, Jr., Chartered, Topeka, Kan., for plaintiff.

Duane D. Guy, Guy & Helbert, Jay W. Vander Velde, Lyon County Atty., Emporia, Kan., Robert L. Howard, Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., Floyd E. Gehrt, Gehrt & Roberts, Chartered, Topeka, Kan., Dale W. Bell, Emporia City Atty., Emporia, Kan., for defendants.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter comes before the Court upon various defendants' motion for summary judgment and partial summary judgment. This is a civil rights and wrongful death action in which damages are being claimed by plaintiff for the death of her son, who died on May 31, 1979, in Emporia, Kansas, during an attempt by various law enforcement officers to arrest him on felony warrants

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