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ESTATE OF COOPER BY AND THROUGH COOPER v. LEAMER

Civ. A. No. 87-1560.

705 F.Supp. 1081 (1989)

ESTATE OF David COOPER By and Through Denice COOPER, Administratrix of the Estate, Denice Cooper, individually, Denice Cooper, as legal guardian of the minor, David Cooper, Delmer Lee Cooper, and Margaret Cooper, Plaintiffs, v. Mark LEAMER, Harry Ersek, Ralph Fritz, Defendants.

United States District Court, M.D. Pennsylvania.

February 10, 1989.

Attorney(s) appearing for the Case

John Wendell Beavers, John Brendan Elbert, Philadelphia, Pa., for plaintiffs.

Robert G. Hanna, Jr., Philadelphia, Pa., and Frank J. Lavery, Jr., Marshall, Dennehey, Warner, Coleman & Goggin, Harrisburg, Pa., for County of Bedford & Ralph Fritz.

David E. Lehman, Alan R. Boynton, Jr., McNees, Wallace & Nurick, Harrisburg, Pa., for Mark Leamer, Harry Ersek & County of Huntingdon.

MEMORANDUM

CALDWELL, District Judge.

Introduction

Currently before the court in this civil rights action are the defendants' Fed.R.Civ. P. 56 summary judgment motions. Because they present many similar, if not identical issues, we shall discuss the motions jointly in this memorandum.

Background

This case arises from the November, 1986, shooting death of David Cooper, a twenty-three year old convicted felon and escapee from the...

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