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COLE v. BONE

No. 92-2245.

993 F.2d 1328 (1993)

Elaine COLE; Christina Elaine Cole; Carlie Deigh Cole, by and through next friend Elaine Cole; Candie Leigh Cole, by and through next friend Elaine Cole, Appellees, v. C.E. BONE, Trooper; Nathan K. Brown, Trooper; F.T. Martinez, Jr., Trooper; Royal F. Messick, Trooper; Randall R. Rice, Trooper; Gilbert L. Rodenburg, Trooper; Jeffrey L. Smith, Trooper; D.S. Stewart, Trooper; Randall S. Beydler, Corporal; D.E. Holt, Corporal; F.M. Mills, Lieutenant; P.C. Spire, Sargeant; C.E. Fisher, Colonel; John H. Ford, Colonel; E.F. Christman, Major; R.G. Biele, Captain; G.P. Corbin, Captain, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided May 17, 1993.

Rehearing and Rehearing Denied July 12, 1993.

Attorney(s) appearing for the Case

Theodore A. Bruce, Asst. Atty. Gen., Jefferson City, MO argued (Elizabeth L. Ziegler, on the brief), for appellants.

Justine E. Del Muro, Kansas City, MO, argued (Dennis E. Egan, on the brief), for appellees.

Before WOLLMAN and BEAM, Circuit Judges, and BOGUE, Senior District Judge.

Rehearing and Rehearing En Banc Denied July 12, 1993.*

WOLLMAN, Circuit Judge.

The defendants appeal from the district court's denial of their motion for summary judgment in this action brought under 42 U.S.C. § 1983 against seventeen members of the Missouri State Highway Patrol. We reverse and remand.

I.

This case arises from a high speed pursuit on the east-bound lane of Interstate 70 that ended with the...

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