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POPOW v. CITY OF MARGATE

Civ. A. No. 78-1536.

476 F.Supp. 1237 (1979)

Rosemary POPOW, as General Administratrix and Administratrix ad Prosequendum of the Estate of Darwin Popow, Deceased, and Rosemary Popow, Individually, Plaintiffs, v. CITY OF MARGATE, a municipal corporation, and George Biagi, Defendants.

United States District Court, D. New Jersey.

August 31, 1979.

Attorney(s) appearing for the Case

Lewis B. April, Mary Reiss, Cooper, Perskie, Katzman, April, Niedelman & Wagenheim, Atlantic City, N. J., for plaintiffs.

Jack Gorny, Gerald Faber, Horn, Kaplan, Goldberg & Gorny, Atlantic City, N. J., for defendants.

OPINION

BROTMAN, District Judge.

In this civil rights action under 42 U.S.C. § 1983, plaintiff Rosemary Popow, individually and as administratrix of the estate of her husband Darwin Popow, seeks damages for his death. Darwin Popow was shot dead by a City of Margate police officer who was pursuing another man he believed to be a fleeing kidnapper. An innocent bystander, the decedent was killed after stepping...

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