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BYRD v. GUESS

No. 96-55532.

137 F.3d 1126 (1998)

Ellen BYRD and Vivien Harkness, Plaintiffs-Appellants, v. James GUESS, Ronald Bates, Anthony Selvaggi, Alice Jemta, Charles Sylvia, Robert Wahlstrom, Robert Dunek, Los Alamitos City, Mark Vanholt, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 3, 1998.

Attorney(s) appearing for the Case

Stephen Yagman and Marion R. Yagman, Yagman & Yagman, Venice, California, for appellants.

Bruce D. Praet, Ferguson, Praet & Sherman, Santa Ana, California, for appellees.

Before: HALL, T.G. NELSON, Circuit Judges, and WINMILL, District Judge.

WINMILL, District Judge:

INTRODUCTION

Sylvan Byrd was shot to death by two police officers. Byrd's wife, Ellen Byrd, and his mother, Vivien Harkness, brought this § 1983 action against the officers, among others. A jury trial was held, and after both sides rested, the district court declared a mistrial and invited the defendants to file a motion for summary judgment. The defendants filed the motion which the district court granted. Ellen Byrd and Vivien...

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