COMMONWEALTH OF PENNSYLVANIA v. JOHNSON

No. 68-1353.

297 F.Supp. 877 (1969)

COMMONWEALTH OF PENNSYLVANIA v. Lt. David JOHNSON, Pfc. Kenneth Gruber and Sp4 Richard B. Castle.

United States District Court W. D. Pennsylvania.

March 28, 1969.


Attorney(s) appearing for the Case

Ronald N. Watzman, Pittsburgh, Pa., for prosecutor.

Gustave Diamond, U. S. Atty., Nick Fisfis, Asst. U. S. Attorney, Pittsburgh, Pa., for defendants.


OPINION

WEBER, District Judge.

This matter involves a state prosecution for assault and battery instituted by a private prosecutor against two military policemen and an Army Officer. It was removed to this Court under 28 U.S.C.A. § 1442(a) on the allegations that the actions of defendants were done in their official capacity and under color of their authority as members of the United States Army and its...

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