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McCROSKEY v. CASS CTY.

Civ. No. 9900.

303 N.W.2d 330 (1981)

Alve W. McCROSKEY, Plaintiff and Appellant, v. CASS COUNTY; Donald J. Rudnick, Cass County Sheriff; Budd Warren, Charles Hoggarth, individually and as employees of Cass County, North Dakota, Defendants and Appellees.

Supreme Court of North Dakota.

As Amended March 16, 1981.

Attorney(s) appearing for the Case

Frederick D. Kraemer and Associates, Fargo, for plaintiff and appellant; argued by Frederick D. Kraemer, Fargo.

Mervin Nordeng, Asst. State's Atty., Fargo, for defendant and appellee, Cass County; on brief only.

DeMars & Turman, Ltd., Fargo, for defendant and appellee Budd Warren; argued by Joseph A. Turman, Fargo.

SAND, Justice.

This is an appeal by the plaintiff, Alve W. McCroskey [McCroskey], from a district court judgment dismissing with prejudice his complaint against the defendants, Cass County and Budd Warren1 for failure to state a cause of action.

McCroskey's complaint in substance alleges as follows: That on 5 Dec 1978 two Fargo police officers, Gerhard Fettes and Donn Weaver2 brought him to the Cass...

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