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McCURRY v. ALLEN

No. 82-1003.

688 F.2d 581 (1982)

Willie McCURRY, Appellant, v. Marvin ALLEN and Steven Jacobsmeyer, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 17, 1982.

Attorney(s) appearing for the Case

Richard J. Pautler, St. Louis, Mo., for appellant Willie McCurry.

Joseph R. Niemann, City Counselor, John J. Fitzgibbon, Associate City Counselor, Francis M. Oates, Asst. City Counselor, St. Louis, Mo., for appellees Stephen Jacobsmeyer, et al.

Before HEANEY and ARNOLD, Circuit Judges, and COLLINSON, Senior District Judge.

ARNOLD, Circuit Judge.

Willie McCurry brings this appeal from the District's Court's1 order, dismissing his amended complaint as to certain newly named defendants on the ground of limitations. He also appeals from a judgment on a counterclaim against him. Because the District Court did not make sufficient factual findings to determine whether the amended complaint naming the new defendants might relate back to the date of the original...

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