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TRIPLETT v. AZORDEGAN

No. 77-1176.

570 F.2d 819 (1978)

Ernest TRIPLETT, Appellant, v. Dr. Azizollih AZORDEGAN, Individually and in his previous official capacity as staff physician at the Cherokee Mental Health Institute, Donald O'Brien, Individually and in his previous official capacity as Woodbury County Attorney, and Dr. Anthony Sainz, Individually and in his previous official capacity as Assistant Superintendent of the Cherokee Mental Health Institute, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 21, 1978.

Rehearing and Rehearing Denied March 14, 1978.

Attorney(s) appearing for the Case

Robert D. Bartels, argued, John M. Thompson, Iowa City, Iowa, on brief, for appellant.

Emmanuel S. Bikakis, Rhinehart, Bikakis & Vohs, Sioux City, Iowa, argued, Richard S. Rhinehart, David E. Vohs and Dewie J. Gaul, Sioux City, Iowa, on brief, for appellees.

Richard C. Turner, Atty. Gen., Robert W. Goodwin, Spec. Asst. Atty. Gen., and Fred M. Haskins, Asst. Atty. Gen., Des Moines, Iowa, for amicus curiae.

Before HEANEY, WEBSTER and HENLEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 14, 1978.

HENLEY, Circuit Judge.

This is an appeal from a judgment and order of the United States District Court for the Northern District of Iowa1 which made final the dismissal of the action brought by appellant Ernest Triplett against appellee Donald O'Brien pursuant to Fed.R.Civ.P. 54(b), following a prior ruling granting O'Brien's 12(c...

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