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CUELLAR v. CITY OF SAN ANTONIO

No. 04-91-00062-CV.

821 S.W.2d 250 (1991)

Adolfo CUELLAR, Sr., Alicia Cuellar, and Norma Jean Olivares, as next friend for Angelica Calderon, Appellants, v. CITY OF SAN ANTONIO, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied November 25, 1991.

Attorney(s) appearing for the Case

Thomas C. Hall, Law Office of Tom Hall, P.C., San Antonio, for appellants.

Charles S. Frigerio, Hector X. Saenz, City Attorney's Office, Trial Section, San Antonio, for appellee.

Before CHAPA, BIERY and CARR, JJ.

OPINION

CHAPA, Justice.

Appellants, Adolfo Cuellar, Sr., Alicia Cuellar, and Norma Jean Olivares, as next friend for Angelica Calderon, appeal a summary judgment granted in favor of appellee, the City of San Antonio. The cause of action arose as a result of allegations that San Antonio police officer Stephen Smith shot and killed Adolfo Cuellar Jr., without justification or excuse, while Cuellar was in his front...

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