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RUGE v. CITY OF BELLEVUE

No. 89-1258.

892 F.2d 738 (1989)

Shirley RUGE, Personal Representative of Curt Manke, Deceased, v. CITY OF BELLEVUE, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 26, 1989.

Attorney(s) appearing for the Case

John P. Grant, Omaha, Neb., for appellant.

Brian D. Nolan, Omaha, Neb., for appellee.

Before LAY, Chief Judge, SNEED, Senior Circuit Judge and WOLLMAN Circuit Judge.

LAY, Chief Judge.

Shirley Ruge appeals the dismissal of her complaint under Fed.R.Civ.P. 12(b)(6). She alleges the City of Bellevue (hereinafter the City) violated the civil rights act under 42 U.S.C. § 1983, by causing the death of her son Curt Manke. We reverse and remand for further proceedings.

Background

Curt Manke was an employee of the City of Bellevue's sewer department. He was killed when a fourteen foot ditch he was working in collapsed...

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