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MADISON v. MANTER

No. 71-1028.

441 F.2d 537 (1971)

Jeffrey L. MADISON, Plaintiff, Appellant, v. George W. MANTER et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

April 28, 1971.

Attorney(s) appearing for the Case

Daniel F. Featherston, Jr., Boston, Mass., with whom Francis C. Lynch, Jr., Springfield, Mass., was on brief, for appellant.

Richard W. Renehan, Boston, Mass., with whom Hill & Barlow, Boston, Mass., was on brief, for appellees.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

This is an action under 42 U.S.C. § 1983 for damages for illegal search and seizure and arrest. The complaint was dismissed for failure to state a claim upon which relief may be granted. After the dismissal plaintiff moved to amend by adding two paragraphs. The district court denied the motion, "for the reason that the complaint as [if] amended fails to state a claim." Plaintiff appealed. Inherent in this appeal is what plaintiff meant by...

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