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PAYNE v. MERTENS

No. C-71-340.

343 F.Supp. 1355 (1972)

William PAYNE and Betty Payne, Plaintiffs, v. Ted MERTENS et al., Defendants.

United States District Court, N. D. California.

May 15, 1972.

Attorney(s) appearing for the Case

Charles O. Morgan, Jr., San Francisco, Cal., for plaintiffs.

Russ, Benson & McConnell, San Francisco, Cal., for defendants Ted Mertens and Joe Spencer.

ORDER DENYING DEFENDANTS' MOTION TO DISMISS

MEMORANDUM

RENFREW, District Judge.

The dispute in the present case stems from a search of plaintiffs' residence in February, 1970, by defendants Mertens, Spencer, and other unnamed police officers employed by the City of Palo Alto. Plaintiffs contend that this search was conducted in such a manner as to violate their right to be free from unreasonable search and seizure as guaranteed by the Fourth and...

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