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MURPHY v. CITY OF LONG BEACH

No. 87-6667.

914 F.2d 183 (1990)

Miyuki MURPHY, Administratrix of the Estate of Edward Murphy, deceased, as Administratrix and individually; Lillian Murphy; Clifton Murphy, Plaintiffs-Appellees, v. CITY OF LONG BEACH; Charles B. Ussery, Chief of Police; Raymond Nelson; Gordon W. Collier, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 14, 1990.

Attorney(s) appearing for the Case

William A. Reidder, Senior Deputy City Atty., City of Long Beach, Long Beach, Cal., for defendants-appellants.

Joseph H. Duff, Los Angeles, California; John H. Edwards, III, Los Angeles, Cal., for plaintiffs-appellees.

Michael J. Ogaz, Deputy City Atty., San Jose, Cal., for amicus.

Before HUG, BEEZER and NOONAN, Circuit Judges.

HUG, Circuit Judge:

This is an appeal from a district court's entry of judgment notwithstanding the verdict and its grant of a conditional new trial in the event the judgment notwithstanding the verdict was reversed on appeal. We reverse in part, affirm in part, and remand.

FACTS

In September, 1983, Edward Murphy walked into the street, in front of his home, with a rifle in his hand. There is no indication that Murphy knew that anybody had...

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