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FITZKE v. SHAPPELL

No. 72-1154.

468 F.2d 1072 (1972)

Robert FITZKE and Joy Fitzke, Plaintiffs-Appellants, v. Barry SHAPPELL, Deputy Sheriff, and Elwin Smith, Sheriff, of Eaton County, Michigan, Jointly and Severally, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

October 3, 1972.

Attorney(s) appearing for the Case

Daniel S. Cooper, Southfield, Mich., for plaintiffs-appellants; Cooper, Baskin & Feldstein, Southfield, Mich., Hal W. Ziegler, Jackson, Mich., on briefs.

David O. Haughey, Grand Rapids, Mich., for defendants-appellees; Smith, Haughey, Rice, Roegge & Gould, Wallson G. Knack, Warner, Norcross & Judd, Grand Rapids, Mich., on briefs.

Before PHILLIPS and MILLER, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.

WILLIAM E. MILLER, Circuit Judge.

This is an appeal from the dismissal of appellants' civil rights action brought pursuant to 42 U.S.C. § 1983.1 The complaint and amended complaint set forth three counts. In addition to the first count, which purports to state a cause of action under § 1983, the complaint in counts 2 and 3 states claims for false imprisonment and negligence. We do not consider the sufficiency of the state claims...

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