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MORIN v. MOORE

No. 01-40752.

309 F.3d 316 (2002)

Dan MORIN, Individually and as Representative of the Estate of Margarita Flores, Deceased, Plaintiff-Appellant, v. Ralph D. MOORE; Joseph Vasquez; Jim Schoepner; City of Harlingen, Defendants-Appellees. Donald Morin; Diana Morin; Jennifer May Gwin; Danny Morin; Ruben Rios, Sr., as next friend of Ruben Rios, a minor; Maria D. Lopez, as next friend of Brian Morin, a minor, Plaintiffs-Appellants, v. Ralph D. Moore; Joseph Vasquez; Jim Schoepner; City of Harlingen, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 23, 2002.

Attorney(s) appearing for the Case

Jerry J. Trevino, Corpus Christi, TX, for Donald Morin, Diana Morin, Jennifer May Gwin, Danny Morin, Ruben Rios, Sr. and Maria D. Lopez.

Roger W. Hughes (argued), Tom Lockhart, Scott Thomas Clark, Adams & Graham, Harlingen, TX, for Ralph D. Moore, Joseph Vasquez, Jim Schoepner and City of Harlingen.

Walter J. Passmore, Passmore, Walker & Twenhafel, McAllen, TX, for Ralph D. Moore and Jim Schoepner.

David Kenneth Sergi (argued), San Marcos, TX, Larry L. Warner, Law Offices of Larry Warner, Brownsville, TX, for Dan Morin.

Before DAVIS, DeMOSS and STEWART, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Dan Morin, individually and as a representative of the Estate of Margarita Flores (the "Dan Morin plaintiffs"), and Donald Morin, Diana Morin, Jennifer May Gwin, Danny Morin, Ruben Rios, Sr., as next friend of Ruben Rios, and Maria D. Lopez, as next friend of Brian Morin (the "Donald Morin plaintiffs") (collectively, the "Morins"), appeal from the district court's Rule 12(b)(6) dismissal of their 42 U.S.C. § 1983 and state tort...

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