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MARTIN v. DUFFIE

No. 71-1518.

463 F.2d 464 (1972)

Delone MARTIN, Plaintiff-Appellant, v. J. W. DUFFIE et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

On Rehearing July 28, 1972.

Attorney(s) appearing for the Case

David H. Pearlman, of Aldridge & Pearlman, Albuquerque, N. M., for plaintiff-appellant.

John P. Duffy, Albuquerque, N. M., for appellees.

Before HILL, SETH and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This is a private civil rights action which arises under 42 U.S.C. § 1983. The trial was to the court without a jury and at the close of the plaintiff's evidence the defendants rested. Thereupon, the trial court, 327 F.Supp. 960, ruled in favor of the defendants and against the plaintiff, dismissing the complaint as to the three named defendants, police officers in Albuquerque, New Mexico...

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