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MUDD v. BUSSE

Civ. No. F 75-12.

437 F.Supp. 505 (1977)

Kevin C. MUDD et al., Plaintiffs, v. Hermann F. BUSSE, Defendant.

United States District Court, N. D. Indiana, Fort Wayne Division.

September 8, 1977.

Attorney(s) appearing for the Case

Ivan E. Bodensteiner, Valparaiso, Ind., Joseph J. Levin, Jr., Morris S. Dees, Jr., Montgomery, Ala., Richard C. VerWiebe, Fort Wayne, Ind., for plaintiffs.

Stephen D. Long, Fort Wayne, Ind., Arthur M. Small, Deputy Atty. Gen., Darrel K. Diamond, Asst. Atty. Gen., Indianapolis, Ind., for defendant.

MEMORANDUM OF DECISION AND ORDER

ESCHBACH, Chief Judge.

This cause is now before the court for a reconsideration of defendant Hermann F. Busse's motion to dismiss this action on the ground that a dismissal is warranted under the doctrine of Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), and its progeny. In a previous order entered on August 12, 1975, the court denied the defendant's motion.

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