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KOENIG v. CITY OF DAYTON

No. 8933.

28 Ohio App. 3d 70 (1985)

KOENIG, APPELLEE AND CROSS-APPELLANT, v. CITY OF DAYTON, APPELLANT AND CROSS-APPELLEE.

Court of Appeals of Ohio, Montgomery County.

Decided December 3, 1985.

Attorney(s) appearing for the Case

Irving I. Saul, for appellee.

Turrell & Phillips Co., L.P.A., Roger B. Turrell and Stanley S. Phillips, for appellant.

KERNS, J.

On February 21, 1980, the plaintiff, J.J. Koenig, was a police officer employed by the defendant, city of Dayton, when he participated in a drug raid at 920 West Hillcrest in Dayton, Ohio. During the raid, Thomas L. Denny was observed with a gun in his hand, at which time Officer Koenig, in the performance of duty, shot and killed him. Subsequently, it was learned that Koenig used a hollow-point bullet, which...

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