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LEE v. GILSTRAP

No. 79-6330.

661 F.2d 999 (1981)

Elmer LEE, Appellant, v. C. M. GILSTRAP, Chief of Police, Wayne County; Lt. O. N. Weaver; Sgt. R. A. Stocks; G. W. Bailey; Perry Sharp; H. R. Isler; Terry Holland, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 6, 1981.

Rehearing Denied November 18, 1981.

Attorney(s) appearing for the Case

William S. Aldridge, Raleigh, N. C. (Broughton, Wilkins, Ross & Crampton, P. A., Raleigh, N. C., on brief), for appellant.

W. Harrell Everett, Jr., Goldsboro, N. C., (Smith, Everett & Womble, Goldsboro, N. C., on brief), for appellees.

Before BRYAN, Senior Circuit Judge, and RUSSELL and HALL, Circuit Judges.

PER CURIAM:

This appeal is from the summary judgment, entered March 22, 1978, by the Federal District Court for the Eastern District of North Carolina, dismissing the action of Elmer Lee to recover damages, under 42 U.S.C. § 1983,* of C. M. Gilstrap, et al., police officers of the City of Goldsboro, N.C. for their allegedly illegal entry and arrest of him on January 26, 1977, while he was occupying the house of his mother-in-law in...

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