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BARBER v. CITY OF SALEM, OHIO

No. 91-3310.

953 F.2d 232 (1992)

Randy James BARBER, Administrator of the Estate of Kenneth Robert Barber, Deceased, Plaintiff-Appellant, v. CITY OF SALEM, OHIO, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 7, 1992.

Attorney(s) appearing for the Case

Bernard Fineman, Aronson, Fineman & Davis Co., LPA (briefed), East Liverpool, Ohio, for plaintiff-appellant.

Nick Tomino, Reminger & Reminger (briefed), Cleveland, Ohio, Earl A. Schory, III, Office of Director of Law, Salem, Ohio, for defendants-appellees.

Before JONES and MILBURN, Circuit Judges, and ENGEL, Senior Circuit Judge.

MILBURN, Circuit Judge.

Randy James Barber, Administrator of the Estate of Kenneth Robert Barber, deceased, appeals the district court's grant of summary judgment in favor of defendants. The district court also dismissed plaintiff's pendent state claims pursuant to Federal Rule of Civil Procedure 12(b)(1).

Plaintiff in his capacity as administrator, brought this action under 42 U.S.C. § 1983 for various alleged constitutional violations and under Ohio...

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