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FRANKLIN v. CITY OF BOISE

Civ. No. 91-0218.

806 F.Supp. 879 (1992)

Delores FRANKLIN, Individually and as Natural Mother of Ronald Earl Walker, Deceased, and on and for the Behalf of Ronald Earl Walker, Deceased, Plaintiff, v. The CITY OF BOISE, Michael Paul Konst, Ted Littlefield, Angela Louise Bevier and John Does I Through VIII, Defendants.

United States District Court, D. Idaho.

November 6, 1992.

Attorney(s) appearing for the Case

Reed W. Larsen, Racine Olson Nye Cooper & Budge, Pocatello, Idaho, for plaintiff.

Michael W. Moore, Paige A. Parker, Imhoff & Lynch, Boise, Idaho, for defendants.

MEMORANDUM DECISION

CALLISTER, Senior District Judge.

The Court has before it defendants' motion for summary judgment and motion to strike affidavit of expert. The Court heard oral argument on these motions and they are now at issue. On the motion for summary judgment the Court must determine whether there exist any genuine issues of material fact. Fed.R.Civ.P. 56(c).

This litigation began when Ronald Walker drowned in a dredge pond after a struggle...

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