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OVERBAY v. LILLIMAN

No. 83-0620-CV-W-3.

572 F.Supp. 174 (1983)

Dennis G. OVERBAY, Plaintiff, v. Don LILLIMAN, Gene Darnell, Lafayette County, Missouri, Defendants.

United States District Court, W.D. Missouri, W.D.

October 3, 1983.

Attorney(s) appearing for the Case

J.C. Hambrick, Jr., Kansas City, Mo., for plaintiff.

Weldon W. Perry, Jr., Lexington, Mo., Steven C. Block, Jay D. Dehardt, Independence, Mo., for defendants.

OPINION AND ORDER

ELMO B. HUNTER, Senior District Judge.

In May of 1983, the plaintiff, Dennis Overbay, brought a two count action against Don Lilliman, a deputy sheriff of Lafayette County, Missouri, and against Lafayette County. In Count I the plaintiff alleged a violation of his constitutional rights under 42 U.S.C. § 1983. Count II is a pendant claim of assault. Defendant, Lafayette County responded by moving to dismiss the action against it. The...

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