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DEITZ v. BOWMAN

Civ. No. 73-3038.

403 F.Supp. 1111 (1975)

W. G. DEITZ v. George H. BOWMAN and Claude Baker.

United States District Court, D. South Dakota.

November 20, 1975.

Attorney(s) appearing for the Case

Robert B. Looby, Pierre, S. D., for plaintiff.

C. D. Kell, Murdo, S. D., for defendants.

MEMORANDUM OPINION

BOGUE, District Judge.

By Complaint filed October 1, 1973, this action alleges an assault, battery, false imprisonment and kidnapping, all of which allegedly occurred on October 1, 1970. The action seeks damages under 42 U.S.C. § 1983.

The Answer asserts a Statute of Limitations defense based on S.D.C.L. § 15-2-14 (1967), which reads in relevant part:

Except where, in special cases, a different limitation is...

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