BOWLES, J.
Floyd Bloss, plaintiff, appeals from the grant of a summary judgment in favor of defendants, Richard Williams and James Miller. Plaintiff was, on April 24, 1965, the operator of the Stardust Drive-In Theatre in Kent county. On that date, defendant Miller was the prosecuting attorney for the county and defendant Williams was a county deputy sheriff.
The amended complaint alleges:
"That on the said date, the defendant, Richard C. Williams...
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