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BROWN v. TOWN OF CALIENTE, NEVADA

No. 21613.

392 F.2d 546 (1968)

Homer Ray BROWN, Appellant, v. TOWN OF CALIENTE, NEVADA and County of Lincoln, Nevada, Appellees.

United States Court of Appeals Ninth Circuit.

April 1, 1968.

Attorney(s) appearing for the Case

Rex A. Jemison (argued), of Singleton, De Lanoy & Jemison, Las Vegas, Nev., for appellant.

James L. Wadsworth (argued), Dist. Atty., Lincoln County, Pioche, Nev., for appellee.

Before BARNES, HAMLIN and CARTER, Circuit Judges.

JAMES M. CARTER, Circuit Judge.

This is an appeal from an order dismissing an action for damages brought under Title 42 U.S.C. Section 1983, R.S. Section 1979, (based on the Act of April 20, 1871, c. 22, Sec. 1, 17 Stat. 13), alleging a violation of Brown's civil rights.

Brown, then incarcerated in a California State prison, was allowed to proceed in forma pauperis, and an attorney was appointed for him. His complaint, filed May 26, 1966, alleged an unlawful...

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