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BURNETT v. SHORT

No. 30271.

441 F.2d 405 (1971)

Nelson Lee BURNETT, Plaintiff-Appellant, v. Herman SHORT, Joe H. Dickerson, and J. E. Wiggins, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 20, 1971.

Attorney(s) appearing for the Case

David J. Nagle, Houston, Tex., for plaintiff-appellant.

Homer T. Bouldin, Joseph G. Rollins, Sr., Asst. City Attys., Houston, Tex., for defendants-appellees.

Before MORGAN and CLARK, Circuit Judges, and SKELTON, Judge of the U. S. Court of Claims.

LEWIS R. MORGAN, Circuit Judge:

Nelson Lee Burnett asserts a deprivation of his constitutional rights by certain police officers of the City of Houston, Texas. 42 U.S.C. §§ 1983, 1985; 28 U.S.C. § 1343. In his complaint, plaintiff Burnett made the following allegations: Early in the evening of November 30, 1966, a shooting occurred in which one Clyde Lamb shot both plaintiff and police officer Edward Rich. Arriving upon the scene, officers Joe H. Dickerson...

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