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DUBA v. McINTYRE

No. 73-1724.

501 F.2d 590 (1974)

Edwin DUBA, Appellant, v. W. Don McINTYRE et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 18, 1974.

Attorney(s) appearing for the Case

Blevens, Bartu & Blevens, Seward, Neb., for appellant.

Barlow, Watson & Johnson and Steven Flodman, Lincoln, Neb., for appellee McIntyre.

William T. Oakes, Omaha, Neb., and Mr. Donald Witt, Lincoln, Neb., for appellee Lissman.

Perry, Perry, Witthoff & Guthery, Lincoln, Neb., for appellee Ach.

Before GIBSON, BRIGHT and STEPHENSON, Circuit Judges.

PER CURIAM.

Appellant-Duba brought this damage action for malicious prosecution, false arrest, and violation of 42 U.S.C. § 1983 in the United States District Court for the District of Nebraska (Senior District Judge Richard E. Robinson, presiding). Appellees, who are officials of Friend, Nebraska—Justice of the Peace W. Don McIntyre, City Attorney Bernard J. Ach, and Chief of Police Donald Lissman—moved for summary judgment on the grounds of judicial...

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