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BROWN v. NUTSCH

Nos. 79-1753, 79-1952.

619 F.2d 758 (1980)

Albert BROWN, Appellant, v. Clyde NUTSCH, Police Officer, Omaha Police Division, Douglas County, Nebraska; and Richard Alsager, Sergeant, Police Officer, Omaha Police Division, Douglas County, Appellees. McKinley ROBINSON, Appellant, v. Edward VACLAVIK, DSN 7070, Robert Gavin, DSN 7765, Josephus Reynolds, DSN 4821, individually and in their official capacities as Detectives of the St. Louis, Missouri, Metropolitan Police Department, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 18, 1980.

Rehearing Denied May 14, 1980.

Attorney(s) appearing for the Case

E. Michael Murphy, St. Louis, Mo. (argued), and Albert Brown, Lincoln, Neb., on brief, for appellant.

Patrick W. Kennison, Asst. City Atty., Omaha, Neb., for appellee, Nutsch, et al.

Thomas J. Ray, Asst. City Atty., St. Louis, Mo. (argued), and Jack L. Koehr, City Counselor, St. Louis, Mo., on brief, for appellee, Vaclavik, et al.

Before HEANEY, Circuit Judge, GIBSON, Senior Circuit Judge, and STEPHENSON, Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge.

In these two cases, consolidated for review, Albert Brown and McKinley Robinson appeal the District Courts' dismissals, for failure to state a cause of action, of their damage suits brought under 42 U.S.C. § 19831 alleging improper interstate extradition in violation of Article IV, § 2 of the United States Constitution, the extradition clause,2 and 18 U.S.C....

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