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RANKIN v. CITY OF WICHITA FALLS, TEX.

No. 84-1605.

762 F.2d 444 (1985)

Kelso and Mary RANKIN, Individually, and Kelso Rankin as Administrator of the Estate of Patrick B. Rankin, Deceased, Plaintiffs-Appellants, v. CITY OF WICHITA FALLS, TEXAS, and Donald W. Vanador, Virgil Howerton, Charles Wilson, Ricky Blair, and Other Unknown Employees of the City of Wichita Falls, Texas., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 10, 1985.

Attorney(s) appearing for the Case

Anderson & Rodriguez, Hank Anderson, Wichita Falls, Tex., for plaintiffs-appellants.

Fillmore, Purtle & Spurgers, Glynn Purtle, Wichita Falls, Tex., for defendants-appellees.

Before CLARK, Chief Judge, GARWOOD and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This section 1983 case is an appeal from a dismissal for failure to state a claim upon which relief may be granted under Fed.R.Civ.P. 12(b)(6). Plaintiffs brought suit for damages under section 1983 and the due process clause for the death of their son, Patrick, which they ascribe to the gross negligence of the defendants in the operation of the waste treatment plant at which Patrick worked. Because we find that the complaint fails to...

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