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CARL v. CITY OF OVERLAND PARK, KAN.

No. 94-3167.

65 F.3d 866 (1995)

Pennie A. CARL, Plaintiff-Appellant, v. The CITY OF OVERLAND PARK, KANSAS; Myron Scafe, Chief of Police; and Lee Williams, Officer, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 14, 1995.

Attorney(s) appearing for the Case

Ronald K. Barker of Kansas City, MO (and Larry E. Benson of Kansas City, KS, with him on the briefs) for plaintiff-appellant.

Donald Patterson of Fisher, Patterson, Sayler & Smith, Topeka, KS, for defendants-appellees.

Before EBEL, Circuit Judge, BRIGHT, and McWILLIAMS, Senior Circuit Judges.

EBEL, Circuit Judge.

Aaron Nelson ("Nelson") died when he drove his car into a tree during a high speed pursuit by Police Officer Lee Williams ("Officer Williams") of the Overland Park Police Department ("OPPD"). Nelson's mother, Plaintiff-Appellant Pennie A. Carl ("Carl"), brought this diversity action against Officer Williams, Police Chief Myron Scafe, and the City of Overland Park, Kansas, seeking damages under state law for the wrongful death of her son. See...

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