DELESMA v. CITY OF DALLAS

No. 84-1582.

770 F.2d 1334 (1985)

Ernest DELESMA, et al., Plaintiffs-Appellants, v. CITY OF DALLAS and the State Fair of Texas, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 16, 1985.


Attorney(s) appearing for the Case

Michael M. Daniel, Elizabeth K. Julian, Dallas, Tex., for plaintiffs-appellants.

Jeffrey S. Lynch, James S. Renard, Sam A. Lindsay, Asst. City Atty., Dallas, Tex., for defendants-appellants.

Before RUBIN, WILLIAMS and DAVIS, Circuit Judges.


JERRE S. WILLIAMS, Circuit Judge:

The children of Guadalupe Delesma (appellants)1 sued the City of Dallas and the State Fair of Texas (appellees) on the ground that appellees' gross negligence in 1960 caused Delesma's death in 1982. The complaint asserted claims arising under 42 U.S.C. § 1983 (1982), and the Texas Wrongful Death Act, Tex.Rev.Civ.Stat.Ann. arts. 4671-4678 (Vernon 1952 & Supp.1985). The district court granted appellees...

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