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WALLER v. HANLON

No. 18-10561.

922 F.3d 590 (2019)

Angie WALLER, Individually and in her Capacity as Independent Executrix of the Estate of Kathleen Margaret Waller; Chris Waller, Plaintiffs-Appellees Terry Wayne Springer; Gayla Wynell Kimbrough, Intervenor Plaintiffs-Appellees v. Benjamin B. HANLON; Richard Hoeppner; B. S. Hardin, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed April 24, 2019.

Attorney(s) appearing for the Case

Arthur John Brender , Law Offices of Art Brender, Fort Worth, TX, for Plaintiffs-Appellees ANGIE WALLER, CHRIS WALLER.

Michael Ware , Fort Worth, TX, for Intervenor Plaintiff-Appellee TERRY WAYNE SPRINGER, GAYLA WYNELL KIMBROUGH.

James Thomas Jeffrey, Jr., Esq. , Law Offices of Jim Jeffrey, Arlington, TX. for Defendant-Appellant BENJAMIN B. HANLON.

Kenneth E. East, Esq. , Foster & East, North Richland Hills, TX, Dee Lee Thomas, Jr. , Law Office of D. Lee Thomas, Fort Worth, TX, for Defendant-Appellant RICHARD HOEPPNE R..

Stephen Chamberlain Maxwell , Bailey & Galyen, Fort Worth, TX, for Defendant-Appellant B. S. HARDIN.

Before KING, SMITH, and WILLETT, Circuit Judges.

Fort Worth Police Officer Richard Hoeppner fatally shot 72-year old Jerry Waller in Waller's own garage. Hoeppner insists he did so only out of reasonable fear for his life. Seeking recompense for Waller's death. Waller's survivors came to the district court alleging that forensic evidence...

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