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ZELLNER v. WALLACE

Civ. A. No. 2099-N.

233 F.Supp. 874 (1964)

Robert ZELLNER, Plaintiff, v. George WALLACE, Albert Lingo, Willie B. Painter, Maury Smith, J. D. Shows, D. Eugene Loe, and William F. Thetford, Defendants.

United States District Court Middle District Alabama, N. D.

September 15, 1964.

Attorney(s) appearing for the Case

Robert L. Cheek, Montgomery, Ala., and Smith, Waltzer, Jones & Peebles, New Orleans, La., for plaintiff.

O. J. Goodwyn, of Goodwyn & Smith, Montgomery, Ala., for defendant George Wallace.

John P. Kohn and Hugh Maddox, Montgomery, Ala., for defendants Lingo and Painter.

James Garrett, of Rushton, Stakely & Johnston, Montgomery, Ala., for defendant Smith.

Frank W. Riggs, III, of Godbold, Hobbs & Copeland, Montgomery, Ala., for defendant Shows.

Drayton Hamilton, Montgomery, Ala., and Richard Belser, of Hill, Robison & Belser, Montgomery, Ala., for defendant Loe.

Robert B. Stewart and Robert E. Varner, of Jones, Murray & Stewart, Montgomery, Ala., for defendant Thetford.

JOHNSON, District Judge.

The plaintiff, Robert Zellner, claims damages of the defendants, alleging in various counts that he was maliciously prosecuted, falsely arrested and falsely imprisoned; that the defendants conspired to maliciously prosecute and arrest him; and that the defendants, while acting under color of law, conspired to violate his civil rights in violation of Title 42, §§ 1983 and 1985, United States Code.

As gleaned from the complaint...

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