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DAVIS v. CITY OF ELLENSBURG

No. 87-4245.

869 F.2d 1230 (1989)

Terry L. DAVIS, Administrator for the Estate of Ronald D. Davis, Deceased; Terry L. Davis, Jacqueline D. Davis, Individuals, Plaintiffs-Appellants, v. The CITY OF ELLENSBURG; Joseph K. Newbry; Michael A. Delozier; William J. Hutton, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 1, 1989.

As Amended March 28, 1989.

Attorney(s) appearing for the Case

J. Adam Moore, Hoffman & Rowley, Yakima, Wash., Theodore Spearman, Sullivan & Golden, Seattle, Wash., for plaintiffs-appellants.

Walter G. Meyer, Meyer & Fluegge, P.S., Yakima, Wash., for defendants-appellees.

Before FLETCHER, BOOCHEVER and TROTT, Circuit Judges.

BOOCHEVER, Circuit Judge:

Terry L. Davis and Jacqueline D. Davis as individuals, and Terry L. Davis1 as administrator of Ronald Davis' estate, appeal the district court's order granting summary judgment to the municipal defendant. The district court held Davis had failed to produce "significantly probative evidence" of the existence of a municipal policy or custom as required under 42 U.S.C....

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