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STENGEL v. BELCHER

No. 75-1075.

522 F.2d 438 (1975)

Casey D. STENGEL et al., Plaintiffs-Appellees, v. Raymond L. BELCHER, Individually and as a Police Officer of the Police Department of the City of Columbus, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 16, 1975.

Attorney(s) appearing for the Case

Dale A. Crawford, Robert Bell, James J. Hughes, Jr., Columbus, Ohio, for defendant-appellant.

Charles E. Taylor, Clayman, Jaffy & Taylor, John H. Lewis, Columbus, Ohio, for plaintiffs-appellees.

Before PHILLIPS, Chief Judge, and WEICK and PECK, Circuit Judges.

WEICK, Circuit Judge.

The suit in the court below arose out of an incident in Jimmy's Cafe in Columbus, Ohio at about 1:30 A.M., on March 1, 1971 in which Raymond L. Belcher, an off-duty policeman, shot and killed two young men and paralyzed a third while acting under color of law.

The suit was brought under authority of 42 U.S.C. §§ 1983 and 1985 for violation of the civil rights of the plaintiffs to due process and equal protection of the

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