MILLER v. STINNETT

No. 5757.

257 F.2d 910 (1958)

A. Marlo MILLER, Appellant, v. Jack STINNETT and Clifford Shervee, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 11, 1958.


Attorney(s) appearing for the Case

A. T. Hannett, Albuquerque, N. M. (G. W. Hannett and Thomas G. Cornish, Albuquerque, N. M., were with him on the brief), for appellant.

James B. Cooney, Farmington, N. M. (W. A. Keleher, A. H. McLeod, Russell Moore, Albuquerque, N. M., and Jack M. Morgan, Farmington, N. M., were on the brief), for appellees.

Before BRATTON, Chief Judge, and HUXMAN and MURRAH, Circuit Judges.


MURRAH, Circuit Judge.

In this diversity action against a police officer and a private instigator, the appellant seeks damages for wrongful arrest and imprisonment for violation of a city ordinance, said to be unconstitutional. At the conclusion of the appellant's opening statement to the jury, the court directed a verdict for the defendant-appellees, and this is an appeal from a judgment thereon.

Without indulging in any formal pleadings, and taking the opening...

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