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ELSBERRY v. HAYNES

Civ. No. 66-221.

256 F.Supp. 736 (1966)

James H. ELSBERRY, Plaintiff, v. Ralph HAYNES, Norman L. Coffelt, Leonard Geb, Harold Atteberry, and Fireman's Fund Insurance Company, a Corporation, Defendants.

United States District Court W. D. Oklahoma.

August 2, 1966.

Attorney(s) appearing for the Case

Robert P. Kelly, Pawhuska, Okl., for plaintiff.

Neal A. Sullivan, Newkirk, Okl., for defendant Haynes.

Northcutt, Northcutt and Jackman, Ponca City, Okl., for Atteberry.

Raymond A. Trapp, Ponca City, Okl., for Geb.

Duffy, Johnson and Berry, Ponca City, Okl., for Coffelt and Fireman's Fund Ins. Co.

ORDER

DAUGHERTY, District Judge.

Upon consideration of the Motions to Dismiss of the defendants, Leonard Geb and Harold Atteberry, the Court finds that the same should be granted as to Count No. I of the Amended Complaint and denied as to Count No. II of the Amended Complaint.

Plaintiff claims that his action arises under 42 United States Code § 1983, and jurisdiction is vested in this Court by 28 United States Code § 1343.

42 United...

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