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BRETZ v. KELMAN

No. CA 82-3111.

722 F.2d 503 (1983)

L.R. BRETZ, Plaintiff-Appellant, v. Zollie KELMAN, Jack R. Lande, Eugene R. Welborn, Donald Zeman, James Cook, and the City of Great Falls, Montana, a municipal corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 20, 1983.

Attorney(s) appearing for the Case

L.R. Bretz, Billings, Mont., for plaintiff-appellant.

William Conklin, Gregory H. Warner, Graybill, Ostrem, Warner & Crotty, Great Falls, Mont., for defendants-appellees.

Before ANDERSON and FLETCHER, Circuit Judges, and TAYLOR, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

In this case we must determine whether an alleged plan to prosecute Bretz, including a scheme to coerce witnesses and falsify evidence, states an actionable wrong under 42 U.S.C. § 1983. Because we agree with the district court that Bretz' amended complaint fails to allege the violation of a constitutionally protected interest, we affirm.

On October 24, 1976, Jack Lande, Eugene Welborn, and a third man were arrested...

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