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TRUDEAU v. WYRICK

Nos. 82-1817, 82-2198.

713 F.2d 1360 (1983)

Noel C. TRUDEAU, Appellee, v. Donald WYRICK, Warden, Missouri State Penitentiary, Appellant, Security Insurance Co. of Hartford. Noel C. TRUDEAU, Appellant, v. Donald WYRICK, Warden, Missouri State Penitentiary and Security Insurance Co. of Hartford, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 5, 1983.

Rehearing and Rehearing Denied October 20, 1983.

Attorney(s) appearing for the Case

John Ashcroft, Atty. Gen., Robert L. Presson, Asst. Atty. Gen., Jefferson City, Mo., for David Wyrick.

Tom Mendelson, University City, Mo., for Noel C. Trudeau.

C. Christy Barton, Jefferson City, Mo., Francis L. Kenney, Jr., St. Louis, Mo., for appellee, Security Ins. Co. of Hartford.

Before ARNOLD and BENNETT, Circuit Judges, and HENLEY, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied October 20, 1983.

ARNOLD, Circuit Judge.

Noel C. Trudeau, a Texas resident, filed this action in the District Court1 against Donald Wyrick, who is Warden of the Missouri State Penitentiary for Men, and Security Insurance Company of Hartford, which provided the Warden's surety bond. The complaint, which was based on Section 1983 of Title 42 and which also asserted a claim based on state law...

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