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HOLLAND EX REL. HOLLAND v. CITY OF HOUSTON

Civil Action No. H-96-2951.

41 F.Supp.2d 678 (1999)

Vivian HOLLAND, Morse W. Holland, Individually and as Representatives of the Estate of Morse Wayne Holland, and Angela Scott, as Next Friend of Xavier Christopher Scott, Plaintiffs, v. CITY OF HOUSTON, David M. Boling, Individually and in his Official Capacity, and Lucious Carl James, Individually and d/b/a/ Cue Club and Disco, Defendants.

United States District Court, S.D. Texas.

January 7, 1999.

Attorney(s) appearing for the Case

Barry Milton Barnes, Barnes and Turner, Houston, TX, for Vivian Holland, Morse W. Holland, Angela Scott.

Murray Edward Malakoff, City of Houston, Judith D. Sanchez, City of Houston, Legal Dept., Houston, TX, for the City of Houston.

Richard H. Cobb, HPPU, General Counsel, Houston, TX, for David M. Boling.

William Carroll Book, Jr., Tekell Book Matthews and Limmer, Houston, TX, for L.D. Blackwell.

Sandra W. Robinson, Houston, TX, for M. Forte.

MEMORANDUM AND ORDER

CRONE, United States Magistrate Judge.

Pending before the court are Defendant David Boling's ("Boling") Motion for Summary Judgment (# 66) and Defendant City of Houston's ("the City") Motion for Summary Judgment (# 90). Boling and the City seek summary judgment on the Plaintiffs' claims under 42 U.S.C. § 1983 and Texas state law. Having reviewed the pending motions, the submissions of the parties, the pleadings, and the applicable...

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