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JOHNSON v. DAILEY

Nos. 72-1646, 72-1719.

479 F.2d 86 (1973)

Gale Hearold JOHNSON, Appellant, v. John A. DAILEY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 17, 1973.

Attorney(s) appearing for the Case

John W. Windhorst, and Phillip H. Martin, Minneapolis, Minn., filed appendix, appellants' brief and appellants' reply brief.

Thomas F. Daley, Jr., Davenport, Iowa, and Gene R. Krekel, Burlington, Iowa, filed brief for appellee.

Scott P. Crampton, Asst. Atty. Gen., and Meyer Rothwacks and Elmer J. Kelsey and Carolyn R. Just, Attys., Dept. of Justice, Tax Div., Washington, D. C., filed brief for appellee, Commissioner.

Before GIBSON, BRIGHT and ROSS, Circuit Judges.

PER CURIAM.

Gale Hearold Johnson appeals from the dismissal of his civil rights complaint brought in the United States District Court for the Southern District of Iowa under 28 U.S.C. § 1343 and 42 U. S.C. § 1983 and § 1985. The principal issue on appeal is whether Johnson's claim for relief is barred by a two-year state statute of limitation. We find that Johnson's action was barred, and affirm.

Johnson was found guilty of second degree murder...

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