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BARGAINER v. MICHAL

Civ. A. No. C 64-131.

233 F.Supp. 270 (1964)

Arthur BARGAINER, a Minor, age seventeen, by Mattie Dean, his mother and next friend, Plaintiff, v. Raymond MICHAL, James D. Mackall, Edward Kovacic, Raymond J. Ressler and John E. Popovich, Defendants.

United States District Court N. D. Ohio, E. D.

September 2, 1964.

Attorney(s) appearing for the Case

Mosley, Willis & McLeod, Cleveland, Ohio, Charles E. Mosley, Jr., Cleveland, Ohio, of counsel, for plaintiff.

Philip Barragate, and Eugene Farley, Law Dept., City of Cleveland, Cleveland, Ohio, for defendants.

GREEN, District Judge.

This action was brought by plaintiff against five defendants, all members of the Cleveland Police Department. Jurisdiction is predicated upon 42 U.S.C.A. § 1983 and 42 U.S.C.A. § 1985(3), commonly referred to as the "civil rights" sections.

In the complaint it is alleged that:

"Defendants, while acting in their official capacities as police officers of the City of Cleveland, Ohio, deprived plaintiff of privileges and...

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