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HUGHES v. NOBLE

No. 19064.

295 F.2d 495 (1961)

Lewis HUGHES, Appellant, v. Chester C. NOBLE, Appellee.

United States Court of Appeals Fifth Circuit.

November 3, 1961.

Attorney(s) appearing for the Case

Meyer W. Perloff, Mobile, Ala., for appellant.

Jerry L. Coe, Asst. Atty. Gen. of Alabama, John E. Adams, Grove Hill, Ala., MacDonald Gallion, Atty. Gen., of Alabama, for appellee.

Before RIVES and WISDOM, Circuit Judges, and CARSWELL, District Judge.

PER CURIAM.

This action purports to be under 42 U.S.C.A. § 1983 for a deprivation of civil rights. The appeal is from a judgment sustaining a motion to dismiss the complaint. The complaint alleges that plaintiff lost control of his automobile and ran off the highway into a ditch, with a result that his neck was broken; and, further, that: "the defendant without any just cause or provocation and under color of his authority...

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