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SMITH v. ROSS

No. 73-1237.

482 F.2d 33 (1973)

Arthur F. SMITH, Jr., et al., Plaintiffs-Appellants, v. Max ROSS et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 18, 1973.

Attorney(s) appearing for the Case

Harland M. Britz, Toledo, Ohio, for plaintiffs-appellants; Britz & Zemmelman, Toledo, Ohio, on brief.

Ellis F. Robinson, Toledo, Ohio, for defendants-appellees; Thomas L. Dalrymple, Robert J. Scheer, Toledo, Ohio, on brief for appellee Ross; Fuller, Henry, Hodge & Snyder, Toledo, Ohio, of counsel for appellee Ross; Shumaker, Loop & Kendrick, John W. Hackett, Jr., Jon C. MacKay, Toledo, Ohio, on brief for appellee Ronald Schreiderer; Ritter, Boesel, Robinson & Marsh, Toledo, Ohio, on brief for appellee Celina Mutual Ins. Co.

Before PECK and McCREE, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.

PER CURIAM.

Appellants brought this action for damages under 42 U.S.C. §§ 1983, 1985(3) (1970) against the Sheriff of Marion County, Ohio, his deputy, his bonding company, and the mayor and city council of Prospect, Ohio. The amended complaint asserted that appellants were two members of an interracial four-piece musical band that had rented a building in Prospect on August 27, 1970, from one Jack Schmittauer to use for rehearsal purposes. It charged that...

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