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LUNDGREN v. McDANIEL

Nos. 86-3364, 86-3442.

814 F.2d 600 (1987)

Margaret E. LUNDGREN, as Personal Representative of the Estate of Richard F. Lundgren, Deceased, Plaintiff-Appellee, v. John P. McDANIEL, Duane Davis, and Ricky Cloud, as Sheriff and Deputy Sheriffs of Jackson County, Florida, respectively, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 13, 1987.

Attorney(s) appearing for the Case

Julius F. Parker, Jr., Haben, Parker, Skelding, Costigan, McVoy & Labasky, Tallahassee, Fla., for defendants-appellants.

Lynn C. Higby, Bryant, Higby & Williams, Panama City, Fla., for plaintiff-appellee.

Before RONEY, Chief Judge, KRAVITCH and EDMONDSON, Circuit Judges.

EDMONDSON, Circuit Judge:

This appeal arises from the death of a store proprietor who was shot by a deputy sheriff when two deputies investigated what they believed to be a burglary of the store. The decedent's wife, Margaret Lundgren, suing on behalf of herself and the decedent's children, brought a lawsuit against the two deputies, Duane Davis and Ricky Cloud, as well as the sheriff, John McDaniel. After a jury trial, the district court entered judgment in favor...

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