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COLEMAN v. JOHNSTON

No. 11942.

247 F.2d 273 (1957)

Rufus COLEMAN, Plaintiff-Appellant, v. Walter JOHNSTON, Justin A. McGowan, Kinzie Bluett and Frank G. Sain, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

August 12, 1957.

Attorney(s) appearing for the Case

Richard A. Lewin, Percival E. Thompson, Chicago, Ill., for plaintiff-appellant.

Harry H. Pollack, Asst. Corp. Counsel, Chicago, Ill., John C. Melaniphy, Corp. Counsel of the City of Chicago, Chicago, Ill., for defendants-appellees. Sydney R. Drebin, Asst. Corp. Counsel, Chicago, Ill., of counsel.

Before MAJOR, FINNEGAN and SCHNACKENBERG, Circuit Judges.

FINNEGAN, Circuit Judge.

By their motion to dismiss plaintiff Coleman's complaint seeking redress under the Civil Rights Act, 42 U.S.C.A. § 1983, defendant police officers and warden, admitted all facts well pleaded. Chicago & Northwestern Ry. v. First Nat. Bank, 7 Cir., 1952, 200 F.2d 383, 384. Yet the district judge, erroneously we think, dismissed the cause because the complaint failed to state a cause of action under...

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