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STATE OF MICHIGAN
COURT OF APPEALS


EDWARD S. HARTKE and MARGARET W. HARTKE, Co-Independent Personal Representatives of the Estate of ANDREW WILLIAM HARTKE, Deceased, Plaintiffs-Appellants, v COUNTY OF OAKLAND and OAKLAND COUNTY SHERIFF, Defendants-Appellees.

UNPUBLISHED January 17, 2006

No. 255182 Oakland Circuit Court LC No. 00-023612-NO

EDWARD S. HARTKE and MARGARET W. HARTKE, Co-Independent Personal Representatives of the Estate of ANDREW WILLIAM HARTKE, Deceased, Plaintiffs-Appellants, v GREGORY GLOVER, Defendant-Appellee. No. 255183 Oakland Circuit Court LC No. 01-032200-NO

Before: Murray, P.J., and Jansen and Kelly, JJ. PER CURIAM. Plaintiffs appeal as of right, challenging the trial court's order granting defendants' motion for summary disposition of plaintiffs' claims under 42 USC 1983, pursuant to MCR 2.116(C)(10). We affirm. I. Introduction

Plaintiffs' decedent, Andrew Hartke, was killed when a vehicle driven by Joseph Weeder struck the vehicle which Hartke was driving. At the time of the accident, Weeder was fleeing -1-


from Oakland County Sheriff's Deputy Gregory Glover. The trial court dismissed plaintiffs'

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