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Hearing set on W.Va. police shooting suit dispute

Thursday - 4/3/2014, 2:40pm  ET

MARTINSBURG, W.Va. (AP) -- The plaintiffs in a $200 million lawsuit stemming from a fatal police shooting in Martinsburg are asking a judge to order the city to give them an investigative report on the incident.

Two brothers of 50-year-old Wayne Arnold Jones of Stephens City, Va., sued the city after he was killed following a scuffle with police in March 2013. They claim the city isn't cooperating in the discovery process.

The shooting was investigated by West Virginia State Police. In a recent motion, the plaintiffs say the city won't provide the state police report without a protective order.

The city says it was given the report with the understanding that it would be subject to a protective order if it were produced during discovery.

A hearing is set for Monday in Wheeling.

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