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HARDWICK v. HURLEY

No. 12958.

289 F.2d 529 (1961)

Webster HARDWICK, Jr., Plaintiff-Appellant, v. Bernard HURLEY and Steve Seno, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

May 2, 1961.

Attorney(s) appearing for the Case

Ernst Liebman, Donald Page Moore, Chicago, Ill., for plaintiff-appellant.

Harry H. Pollack, Asst. Corp. Counsel, Chicago, Ill., for appellees.

Before DUFFY and CASTLE, Circuit Judges, and MERCER, District Judge.

DUFFY, Circuit Judge.

This is a suit for damages brought under the Federal Civil Rights Acts, 42 U.S.C.A. §§ 1983, 1985 and 1986. The defendants are Chicago police officers. The District Court dismissed the complaint for failure to state a claim under the Act.

On December 6, 1958, about 2:45 a. m., plaintiff "while to some degree under the influence of alcohol, was driving his car at an excessive rate of speed * * *"1

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