STEVENS, Circuit Judge.
Evidence favorable to the accused was temporarily suppressed by the prosecution; before the trial ended, however, the evidence was revealed to the court and jury and an acquittal promptly ensued. The question presented on this appeal is whether the abortive misconduct by the prosecution gives rise to an action for damages under 42 U.S.C. § 1983. We hold that the district court properly sustained a motion to dismiss the complaint.
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