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CLEARY v. ANDERSEN

Civ. No. 75-0-400.

423 F.Supp. 745 (1976)

James Phillip CLEARY, Plaintiff, v. Richard R. ANDERSEN et al., Defendants.

United States District Court, D. Nebraska.

November 19, 1976.

Attorney(s) appearing for the Case

Michael L. Lazer, Marer & Lazer, Omaha, Neb., for plaintiff.

James E. Fellows, Deputy City Atty., Omaha, Neb., for defendants Richard R. Andersen, Roy J. Wilson and Timothy G. Mead.

Henry L. Wendt, Deputy County Atty., Douglas County, Omaha, Neb., for defendant Jerome Merwald.

MEMORANDUM

ROBINSON, Senior District Judge.

THIS MATTER is before the Court upon the renewed Motion to Dismiss of defendant Jerome Merwald and the Motions for Partial Summary Judgment of defendants Richard R. Andersen, Roy J. Wilson and Timothy G. Mead. This is a civil rights action brought pursuant to 42 U.S.C. §§ 1983, 1985(3) and 1986. Jurisdiction is predicated upon 28 U.S.C. §§ 1331, 1332 and 1343.

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