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LARKIN v. McCANN

No. 71-C-671.

368 F.Supp. 1352 (1974)

Duane LARKIN, Plaintiff, v. E. Michael McCANN, District Attorney of Milwaukee County, Wisconsin, et al., Defendants.

United States District Court, E. D. Wisconsin.

January 3, 1974.

Attorney(s) appearing for the Case

Samson, Friebert, Sutton & Finerty by Robert H. Friebert, Milwaukee, Wis., for plaintiff.

E. Michael McCann, Dist. Atty., Milwaukee, Wis., for Milwaukee County.

James B. Brennan, City Atty. by Joseph H. McGinn, Milwaukee, Wis., for Breier.

Before STEVENS, Circuit Judge, REYNOLDS, Chief District Judge, and GORDON, District Judge.

DECISION and ORDER

PER CURIAM.

The defendant Wisconsin attorney general has moved to vacate the abatement order previously entered in this case and to dismiss the action. The other defendants have expressed a desire to join in that motion. The plaintiff agrees that the abatement order should be vacated, but he also asks for a declaratory judgment, a permanent injunction and costs. The attorney general has submitted a brief, to which the other defendants...

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