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COMMONWEALTH OF PA. EX REL. FEILING v. SINCAVAGE

Civ. A. No. 68-997.

313 F.Supp. 967 (1970)

COMMONWEALTH OF PENNSYLVANIA ex rel. Francis FEILING, and Jean Feiling, Plaintiffs, v. Charles SINCAVAGE, State Police Officer, Joseph Sauders, State Police Officer, Anthony Cancilla, Castle Shannon Police Officer, and Lee Miller, Castle Shannon Police Officer, Defendants.

United States District Court, W. D. Pennsylvania.

May 21, 1970.

Attorney(s) appearing for the Case

Edward A. Mihalik, of Weis & Weis, Pittsburgh, Pa., for plaintiffs.

Richard Goldberg, Deputy Atty. Gen., Harrisburg, Pa., for defendants Charles Sincavage and Joseph Sauders.

John J. Hickton, of Dougherty, Larrimer, Lee & Hickton, Pittsburgh, Pa., for defendants Anthony Cancilla and Lee Miller.

OPINION AND ORDER

MARSH, Chief Judge.

This civil rights action was brought pursuant to Title 28 U.S.C. § 1343 and Title 42 U.S.C. § 1983. See: Pretrial Stipulation. No demand for jury trial was served and filed by any party within the time specified in the rule. Rule 38(b) (d), Fed.R.Civ.P. After non-jury trial, it is the opinion of the court that judgment should be entered in favor of the defendants.

During the evening of February 23,...

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