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HESS v. ORTON

Civ. A. C-1321.

303 F.Supp. 1178 (1969)

William Albert HESS, Plaintiff, v. Larry ORTON, Ronald Wentz, Stanley F. Johnson, District Attorney in and for the 20th Judicial District, Boulder County, Colorado, People of the State of Colorado, and the United States, Defendants.

United States District Court D. Colorado.

June 9, 1969.

Attorney(s) appearing for the Case

Williams, Taussig & Trine, by Paul Snyder, Jr., and William D. Neighbors, Boulder, Colo., for plaintiff.

James L. Treece, U. S. Atty., Denver, Colo., for defendants Larry Orton, Ronald Wentz, and the United States.

Stanley F. Johnson, Dist. Atty., in and for 20th Judicial District, Boulder County, Colo., on behalf of himself and defendant People of State of Colorado.

MEMORANDUM OPINION AND ORDER

ARRAJ, Chief Judge.

This matter is before the Court on defendants' motions to dismiss plaintiff's complaint for declaratory judgment and injunction. The federal defendants ground their motion on lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted, while the state defendants rely upon the former base only.

In substance, the complaint alleges an illegal search and seizure by...

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