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BURKE v. MILLER

No. 76-1154.

580 F.2d 108 (1978)

Herman K. BURKE, Appellant, v. Jerry MILLER, M.D., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided July 6, 1978.

Attorney(s) appearing for the Case

Paul G. Turner, Richmond, Va. (Christian, Barton, Epps, Brent & Chappell, Richmond, Va., on brief), for appellant.

D. Patrick Lacy, Jr., Richmond, Va. (Bell, Ellyson, Wilkins & Baliles, Richmond, Va., Ford C. Quillen, Quillen & Carter, Gate City, Va., M. Lacy West, Kingsport, Tenn., Anthony F. Troy, Atty. Gen. of Va., James E. Ryan, Jr., Deputy Atty. Gen., Richmond, Va., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and WINTER and WIDENER, Circuit Judges.

ALBERT V. BRYAN, Senior Circuit Judge:

Following his conviction in Virginia for murder, Herman K. Burke sued Dr. Jerry Miller, the State Medical Examiner for the county, in the District Court charging him with violating his civil rights by falsely testifying at the trial and thereby entitling him to damages under 42 U.S.C. § 1983. A claim was also pressed under 42 U.S.C. § 1985, averring a conspiracy by the doctor with the prosecuting attorney to deprive...

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