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SPLUNGE v. PARKE

No. 96-2509.

160 F.3d 369 (1998)

Charles B. SPLUNGE, Petitioner-Appellant, v. Al C. PARKE, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 4, 1998.

Attorney(s) appearing for the Case

Jerold S. Solovy, Robert T. Markowski, Timothy W. Burns (argued), Jenner & Block, Chicago, IL, for Petitioner-Appellant.

Robert L. Collins (argued), Office of the Attorney General, Indianapolis, IN, for Respondent-Appellee.

Before BAUER, EASTERBROOK, and RIPPLE, Circuit Judges.

EASTERBROOK, Circuit Judge.

Kenneth Wallace gave a ride to two strangers and paid the ultimate penalty for this kindness. Charles Splunge and Tara Fox, shopping at a liquor store in April 1986, asked Wallace for a ride to a party; he agreed. Fox got in the front seat and Splunge in the back. When Wallace arrived at the destination Fox gave him, Fox demanded money and shot Wallace twice with Splunge's gun when he resisted. Splunge ejected Wallace (still alive but mortally...

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