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CRAWFORD BY AND THROUGH CRAWFORD v. CITY OF KANSAS

Civil Action No. 95-2336-DES.

952 F.Supp. 1467 (1997)

Dustin Charles CRAWFORD, Minor Child, By and Through his mother and next friend, Cynthia CRAWFORD, individually and as surviving heir of Milton Foster, Jr., and Joann Outlaw as Administrator of the Estate of Milton Foster, Jr., Plaintiffs, v. The CITY OF KANSAS CITY, KANSAS, John Cheek, Jeff Cheek, and Greg Lawson, Defendants.

United States District Court, D. Kansas.

January 17, 1997.

Attorney(s) appearing for the Case

Donald M. McLean, John M. Duma, Roger W. McLean, McLean & McLean, Kansas City, KS, for Cynthia Crawford, Dustin Charles Crawford and Joann Outlaw.

David W. Carson, John H. Fields, Carson & Fields, Kansas City, KS, for Sheila D. Richardson.

Henry E. Couchman, Jr., Daniel B. Denk, McAnany, Van Cleave & Phillips, P.A., Kansas City, KS, Maurice J. Ryan, Harold T. Walker, City of Kansas City, Kansas Legal Dept., Kansas City, KS, for City of Kansas City, Kan. and Greg Lawson.

G. Gordon Atcheson, Weston R. Moore, Blake & Uhlig, P.A., Gary W. Long, Kansas City, KS, for John Cheek and Jeff Cheek.

MEMORANDUM AND ORDER

SAFFELS, Senior District Judge.

This matter is before the court on the Motion of Defendant Jeff Cheek for Summary Judgment and Motion of Defendant John Cheek for Partial Summary Judgment (Doc. 86).

I. BACKGROUND

The following facts are uncontroverted, or where controverted, construed in the manner most favorable to the plaintiffs as the nonmoving party.

The plaintiffs premise their...

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