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HERNDON v. CITY OF MASSILLON

No. 79-3458.

638 F.2d 963 (1981)

Robert H. HERNDON, Plaintiff-Appellant, v. The CITY OF MASSILLON et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 26, 1981.

Rehearing Denied February 27, 1981.

Attorney(s) appearing for the Case

Robert H. Herndon, pro se.

Michael F. Vaccaro, Massillon, Ohio, Gene Barnhart, Randolph L. Snow, Black, McCuskey, Sauers & Arbaugh, Dale T. Evans, Asst. Prosecuting Atty., Canton, Ohio, Lawrence J. Whitney, Akron, Ohio, Sanders J. Mestel, Canton, Ohio, for different defendants-appellees.

Before JONES, Circuit Judge, PECK, Senior Circuit Judge, and NIXON, District Judge.

PER CURIAM.

Plaintiff Robert H. Herndon brought an action under 42 U.S.C. § 1983, alleging that defendants, acting under color of state law, knowingly submitted false information to the Common Pleas Court of Stark County, Ohio, for the purpose of obtaining a search warrant of Herndon's place of business. After a verdict was directed in favor of two of the defendants, the case against defendant Bruce A. Wilson was submitted to a jury.

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