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SUMMERS v. HORTON

No. 14130.

443 F.2d 225 (1971)

James A. SUMMERS, Jr., Appellant, v. R. F. HORTON et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 7, 1971.

Attorney(s) appearing for the Case

Adam Stein, Charlotte, N. C. (Conrad O. Pearson, Durham, N. C., Jack Greenberg and Michael Meltsner, New York City, and Chambers, Stein, Ferguson & Lanning, Charlotte, N. C., on brief), for appellant.

Jay F. Frank and Jack R. Harris, Statesville, N. C. (Chamblee, Nash & Frank, Raymer, Lewis & Eisele, and Collier, Harris & Homesley, Statesville, N. C., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, SOBELOFF, Circuit Judge, and WIDENER, District Judge.

HAYNSWORTH, Chief Judge:

In his appeal from a judgment for the defendants after a trial to the court, the plaintiff contends that the court erred in failing to find the commission by the defendants of a deliberate or negligent wrong. We affirm.

The action is founded on alleged violations of 42 U.S.C.A. §§ 1981, 1983 and 1988 by the defendants, police officers of Statesville, North Carolina and the sheriff and jailer of Iredell County, North Carolina...

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