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FRAIRE v. CITY OF ARLINGTON

No. 91-1597 Summary Calendar.

957 F.2d 1268 (1992)

Maria Del Rosario C. FRAIRE, Individually and as Next Friend for Myra Fraire and Juan Antonio Fraire, Minor Children, and Josefa Esquivel Fraire, Plaintiffs-Appellants, v. CITY OF ARLINGTON and James W. Lowery, Jr., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 7, 1992.

Attorney(s) appearing for the Case

Lawrence L. Mealer, Charles Montemayor, Dallas, Tex., for plaintiffs-appellants.

Gregory S. Norris, Arlington City Attorney's Office, Arlington, Tex., for City of Arlington.

Ernest E. Figari, Jr., Gary D. Eisenstat, Figari & Davenport, Dallas, Tex., for Lowery.

Before JONES, DUHÉ, and WIENER, Circuit Judges.

WIENER, Circuit Judge:

In this 42 U.S.C. § 1983 action, the Plaintiffs-Appellants, successors of the late Javier Fraire (Fraire), appeal from the decision of the district court dismissing their claims against Defendants-Appellees, police officer James W. Lowery, Jr. (Lowery) and the City of Arlington, Texas (Arlington), for Lowery's alleged use of unconstitutionally excessive force in the shooting death of Fraire. Agreeing with the district court that Lowery...

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