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EASTLAND COUNTY CO-OP. DISPATCH v. POYNER

Nos. 11-00-00184-CV, 11-00-00284-CV.

64 S.W.3d 182 (2001)

EASTLAND COUNTY COOPERATIVE DISPATCH, Clay Coffey, Wayne Bradford, Ken Wheeler, and Gerald Cozart, Appellants, v. Elnor Maxine POYNER, Individually and as Independent Executor of the Estate of William Euell Poyner, and as sole heir of William Euell Poyner, Appellee. Eastland County Cooperative Dispatch, Eastland County, and the City of Gorman, Appellants, v. Elnor Maxine Poyner, Individually and as Independent Executor of the Estate of William Euell Poyner, and as sole heir of William Euell Poyner, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Overruled January 10, 2002.

Attorney(s) appearing for the Case

James T. Jeffrey, Law Offices of Jim Jeffrey, Arlington, for Eastland County Cooperative Dispatch.

Stephen D. Henninger, Tom Brandt, Fanning, Harper & Martinson, P.C., Dallas, for Eastland County, Wayne Bradford and Clay Coffey.

Joseph E. Byrne, Wendy H. Hermes, Berry, Byrne & Randall, Dallas, for City of Gorman, Ken Wheeler and Gerald Cozart.

James J. Elliott, Richard D. Coan, Coan & Elliott, L.L.P., Garry Lewellen, McMillan & Lewellen, Stephenville, for Appellee.

Panel consists of ARNOT, C.J., and WRIGHT, J., and McCALL, J.

OPINION

WRIGHT Justice.

These appeals arise from the suit Elnor Maxine Poyner filed following the death of her husband William Euell Poyner who was killed in an armed encounter with law enforcement officers. Eastland County Cooperative Dispatch, Eastland County Sheriff Wayne Bradford, Eastland County Deputy Sheriff Clay Coffey, City of Gorman Chief of Police Ken Wheeler, and City of Gorman Reserve Officer Gerald Cozart moved for summary judgment and asserted...

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