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WYCHE v. CITY OF FRANKLINTON

No. 93-141-CIV-5-H.

837 F.Supp. 137 (1993)

Doris WYCHE, individually and as Administratrix of the Estate of Darryl Sherman Wyche, Plaintiff, v. The CITY OF FRANKLINTON, a body of Politic; Ray Gilliam, individually and in his official capacity as Chief of Police of the City of Franklinton; and Antonio Eugene Caldwell, personally and in his official capacity as a Police Officer for the City of Franklinton, Defendants.

United States District Court, E.D. North Carolina, Raleigh Division.

November 5, 1993.

Attorney(s) appearing for the Case

John H. Banks, Henderson, NC, for plaintiff.

William C. Morgan, Jr., Alison A. Erca, Chapel Hill, NC, for defendants.

ORDER

MALCOLM J. HOWARD, District Judge.

This matter is before the court on the defendants' motion for summary judgment pursuant to Fed.R.Civ.P. 56 and the defendant Antonio Eugene Caldwell's motion to bifurcate his trial pursuant to Fed.R.Civ.P. 42(b). The plaintiff has filed responses to both motions, and the defendants submitted a reply in support of their motion for summary judgment. These matters are now...

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