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WOLDER v. RAHM

No. 76-1384.

549 F.2d 543 (1977)

Mary WOLDER, Appellant, v. Clare J. RAHM, as Administrator of the Estate of Herbert C. Merillat, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 9, 1977.

Attorney(s) appearing for the Case

W. Lawrence Oliver, Des Moines, Iowa, on brief, for appellant.

Paul Moser, Jr., Des Moines, Iowa, and Don C. Day, Minneapolis, Minn., on briefs, for appellee.

Before LAY, ROSS and WEBSTER, Circuit Judges.

LAY, Circuit Judge.

Plaintiff, Mary Wolder, brought this action under 42 U.S.C. §§ 1983 and 1985 against the administrator of the estate of Herbert C. Merillat. She claimed that the decedent, a private physician, together with persons unknown and acting under color of state law, subjected her, "solely because of her race," to repeated injections of narcotic drugs resulting in her addiction.1

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