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ZAMORA v. DRAPER

No. 17263.

635 P.2d 78 (1981)

Ernie ZAMORA, Plaintiff and Appellant, v. Lorin DRAPER, Robert B. Clements and Joe Greiner, Defendants and Respondents.

Supreme Court of Utah.

August 6, 1981.

Attorney(s) appearing for the Case

Paul Gotay, Ogden, for plaintiff and appellant.

Scott Daniels, Salt Lake City, Timothy W. Blackburn, Ogden, for defendants and respondents.

CROCKETT, Retired Justice:

Plaintiff Ernie Zamora appeals from the granting of the defendants' motion to dismiss his complaint, wherein he alleges that he was assaulted by them. The dismissal was based on the defendants' averment that they are Ogden Police Officers and that the plaintiff failed to file the bond provided for in Section 78-11-10, U.C.A., 1953.

That statute states:

Before any action may be filed against any sheriff, constable, peace...

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