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SPARROW v. GOODMAN

Civ. No. 2988.

376 F.Supp. 1268 (1974)

Marvin Ray SPARROW et al., Plaintiffs, v. J. C. GOODMAN, Jr., Chief of Police of Charlotte, North Carolina, et al., Defendants.

United States District Court, W. D. North Carolina, Charlotte Division.

June 12, 1974.

Attorney(s) appearing for the Case

George S. Daly, Jr., Casey & Daly, P. A., Charlotte, N. C., for plaintiffs.

Henry Underhill, City Atty., Frank B. Aycock, III, G. Patrick Hunter, Jr., Law Enforcement Center, David B. Sentelle, Asst. U. S. Atty., James E. Walker, Sanders, Walker & London, S. Dean Hamrick and James D. Monteith, Charlotte, N. C., and Harland D. Leathers, Asst. Atty. Gen. of United States, for defendants.

ORDER

McMILLAN, District Judge.

1. This matter was heard on May 29, 1974, on the "Rule 12 Motion to Dismiss" filed by Defendants Haldeman, Walker and Henkel on November 12, 1973, which raises the defenses of (1) lack of jurisdiction over the subject matter, (2) failure to state a claim, (3) insufficiency of service of process, and (4) lack of jurisdiction over the person.

2. The motions to dismiss for lack of jurisdiction over the subject matter...

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