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BURR v. CITY OF CEDAR RAPIDS

No. 62853.

286 N.W.2d 393 (1979)

Eldon F. BURR, Appellant, v. CITY OF CEDAR RAPIDS, Iowa, a Municipality, Cedar Rapids Public Safety Commission, Cedar Rapids Police Department, Douglas Fuller, Denton Schultz, The State of Iowa, Iowa Department of Public Safety, B.C.I. Criminalistics Laboratory, James Dahlgran, Linn County, and John H. Ehrhart, Appellees.

Supreme Court of Iowa.

December 19, 1979.

Attorney(s) appearing for the Case

J. D. Merris and Joseph C. Johnston, Iowa City, for appellant.

Raymond R. Stefani, of Silliman, Gray & Stapleton, Cedar Rapids, and Glenn L. Johnson, Asst. Linn County Atty., for appellees Ehrhart and Linn County.

Considered by REYNOLDSON, C. J., and LeGRAND, McCORMICK, ALLBEE and LARSON, JJ.

REYNOLDSON, Chief Justice.

Plaintiff brought action against a number of defendants he alleged were responsible in damages for his 1978 arrest and prosecution for attempted murder. The criminal action was dismissed on the ground of insufficient evidence. Trial court sustained a motion to dismiss the petition as to Linn County and John Ehrhart, an assistant Linn County attorney. Plaintiff appeals, challenging district court...

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