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SCOTT v. VANDIVER

Nos. 72-1760, 72-1761.

476 F.2d 238 (1973)

Luther G. SCOTT, Jr., Appellee, v. Harold VANDIVER, Sheriff of Abbeville County, South Carolina, and George M. McMahan, Supervisor of Abbeville County, South Carolina, Appellants. Luther G. SCOTT, Jr., Appellee, v. Ray McMAHAN, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 16, 1973.

Attorney(s) appearing for the Case

Joseph E. Major, Greenville, S. C. (J. D. Todd, Jr., Greenville, S. C., and William P. Greene, Jr., Abbeville, S. C., on brief), for Harold Vandiver and George McMahan.

C. Rauch Wise, Greenville, S. C., for Ray McMahan.

Karl L. Kenyon and G. Ross Anderson, Jr., Anderson, S. C., for Luther G. Scott, Jr.

Before HAYNSWORTH, Chief Judge, and BUTZNER and RUSSELL, Circuit Judges.

BUTZNER, Circuit Judge:

Harold W. Vandiver, George McMahan, and Ray McMahan appeal1 from a judgment holding them liable under 42 U.S.C. § 1983 (1970)2 for an assault against Luther G. Scott, Jr. They assert that the district court should have required Scott to exhaust available state judicial remedies before proceeding under § 1983; that the trial judge made erroneous findings of fact and conclusions...

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