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POINDEXTER v. TEUBERT

No. 72-1006.

462 F.2d 1096 (1972)

James M. POINDEXTER, Jr., Appellant, v. William A. TEUBERT, Chief of Police, Department of the City of Beckley, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

June 29, 1972.

Attorney(s) appearing for the Case

Donald Pitts, Beckley, W. Va., and Franklin D. Cleckley, Morgantown, W. Va., on brief for appellant.

C. Elton Byron, Jr., and E. M. Payne, III, Beckley, W. Va., on brief for appellees.

Before HAYNSWORTH, Chief Judge, SOBELOFF, Senior Circuit Judge, and RUSSELL, Circuit Judge.

PER CURIAM:

The only issue presented in this appeal is whether the district court properly dismissed a class action brought by the appellant, James M. Poindexter, Jr., and one Timothy Anderson, Jr., who shall hereinafter be referred to as the plaintiffs.

On March 5, 1971, the plaintiffs instituted a class action in the district court in which they asserted that the Chief of Police and certain police officers of the...

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