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BRELAND v. McLENDON

No. 20815.

329 F.2d 315 (1964)

Homer H. BRELAND and The State of Mississippi for the use and benefit of Homer H. Breland, Appellants, v. J. K. McLENDON et al., Appellees.

United States Court of Appeals Fifth Circuit.

March 19, 1964.

Attorney(s) appearing for the Case

Dan E. Breland, Jackson, Miss., Homer H. Breland, Nyack, N. Y., of counsel, for appellants.

Harry O. Hoffman, Jr., Hazlehurst, Miss., William Saunders Henley, Jackson, Miss., J. L. Lotterhos, Jr., Hazlehurst, Miss., Henley, Jones & Henley, Jackson, Miss., Armstrong & Hoffman, Hazlehurst, Miss., of counsel, for appellees.

Before BROWN, MOORE and GEWIN, Circuit Judges.

PER CURIAM.

Plaintiff (appellant) brought this action against police officers of the town of Wesson, Mississippi, the Sheriff of Copiak County and the Sheriff's surety. Jurisdiction is based upon diversity of citizenship. The theory of the action is false arrest and illegal imprisonment. The arrest occurred late on the night of October 18, 1960, because plaintiff was admittedly driving his car while under the influence of intoxicating liquor. Instead of returning...

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