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LYONS v. BAKER

No. 12970.

180 F.2d 893 (1950)

LYONS v. BAKER et al.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 3, 1950.

Attorney(s) appearing for the Case

Carroll Dunscombe, Stuart, Fla., for appellant.

T. T. Oughterson, Stuart, Fla., M. G. Littman, Stuart, Fla., Thad H. Carlton, Ft. Pierce, Fla., Murray W. Overstreet, Kissimmee, Fla., Evans Crary, Stuart, Fla., for appellees.

Before HUTCHESON, Chief Judge, and WALLER and RUSSELL, Circuit Judges.

PER CURIAM.

Claiming federal jurisdiction for his suit as one arising under the Constitution and laws of the United States, plaintiff alleged that in reporting to the judge of a circuit court for the State of Florida, a grand jury, convened on behalf of the State of Florida for Martin County, in order to harm, libel and injure the plaintiff, made false and malicious charges against him in violation of his civil rights.

The defendants moved to dismiss the complaint...

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