KRAUSE v. RHODES

Nos. 71-1622 to 71-1624.

471 F.2d 430 (1972)

Arthur KRAUSE, Administrator of the Estate of Allison Krause, Deceased, Plaintiff-Appellant, v. James RHODES, Governor of the State of Ohio, et al., Defendants-Appellees. Elaine B. MILLER, Administratrix of the Estate of Jeffrey Glenn Miller, Deceased, Plaintiff-Appellant, v. James RHODES, Individually and as Governor of the State of Ohio, et al., Defendants-Appellees. Sarah SCHEUER, Administratrix of the Estate of Sandra Lee Scheuer, Deceased, Plaintiff-Appellant, v. James RHODES, Governor of the State of Ohio, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

November 17, 1972.


Attorney(s) appearing for the Case

Steven A. Sindell, Sindell, Sindell, Bourne, Markus, Stern & Spero, Cleveland, Ohio, Joseph Kelner, New York City, Michael E. Geltner, American Civil Liberties Union of Ohio, Columbus, Ohio, for appellants; Melvin L. Wulf, Sanford Jay Rosen, New York City, Nicholas Waranoff, American Civil Liberties Union Foundation, Stanley K. Laughlin, Jr., Michael E. Geltner, American Civil Liberties Union of Ohio, Columbus, Ohio, Niki Z. Schwartz, Eugene S. Bayer, American Civil Liberties Union, Cleveland, Ohio, Michael S. Harshman, American Civil Liberties Union, Youngstown, Ohio, Nelson G. Karl, American Civil Liberties Union of Ohio, Walter S. Haffner, American Civil Liberties Union of Ohio, Cleveland, Ohio, on brief.

Charles E. Brown and Robert F. Howarth, Jr., Crabbe, Newlon, Potts, Schmidt, Brown & Jones, Columbus, Ohio, for appellees; R. Brooke Alloway, Columbus, Ohio, C. D. Lambros, Cleveland, Ohio, on brief.

Before WEICK and CELEBREZZE, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.


WEICK, Circuit Judge.

The Governor of Ohio called out the Ohio National Guard to suppress a riot in the City of Kent, Ohio, and on the campus of Kent State University. Two proclamations of the Governor with respect thereto are appended to this opinion. They were attached to motions to dismiss filed by certain defendants in the District Court. During the riot each of the plaintiffs' decedents, who were students at Kent State...

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