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STEPHENSON v. STONE

No. 93-3170.

21 F.3d 159 (1994)

Linda K. STEPHENSON, April K. Stephenson, Terry W. Stephenson, Sr., Individually and as Personal Representative of the Estate of Terry Wayne Stephenson, Jr., Deceased, Plaintiffs-Appellants, v. Michael P.W. STONE, Secretary of the Army, Department of the Army, United States of America, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 5, 1994.

Attorney(s) appearing for the Case

John H. Caress (argued), Indianapolis, IN, William L. Bracken, Greencastle, IN, for Linda K. Stephenson, April K. Stephenson, Terry W. Stephenson, Sr. plaintiff-appellant.

Barbara L. Herwig, Dept. of Justice, Civ. Div., Appellate Section, Jonathan T. Weinberg (argued), U.S. Dept. of Justice, Civil/Appellate Div., Washington, DC, for Michael P.W. Stone, Department of the Army, U.S., Stanley D. Hansen, Joseph R. Sullivan, James M. Adkins, Regelio D. Mendoza, James E. Adams.

Before POSNER, Chief Judge, and BAUER, Circuit Judge, and NORGLE, District Judge.

NORGLE, District Judge.

On a military base, in the early morning of July 7, 1991, Sergeant Timothy Karl Miller ("Sgt. Miller") entered Specialist E-4 Terry Wayne Stephenson's ("Spc. Stephenson") barracks through a window. Armed with a .44 caliber automatic pistol, Sgt. Miller shot Spc. Stephenson in the back of his head, killing him. Using the same pistol, Sgt. Miller took his own life later that morning.

Spc. Stephenson's next of kin, Linda K. Stephenson...

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