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TRUHE v. RUPELL

Civ. A. No. 85-0485.

641 F.Supp. 57 (1985)

Herbert TRUHE, Plaintiff, v. John RUPELL, Individually and in his Official Capacity as Chief of Police of the Borough of Palmerton; Charles Cebrosky, Individually and in his Official Capacity as then Acting Chief of Police for the Borough of Palmerton; Guy Zern, Individually and in his Official Capacity as Mayor of the Borough of Palmerton; Kenneth Heiney, Barry Sherer, Peter Delich, Clair Fatzinger, Siefgried Kratzel, David Lucia and Gerald Geiger, Individually and in their Official Capacities as Council Members of the Borough of Palmerton; John Kasten, Individually and in his Official Capacity as Borough Manager; Diana Kenyon and the Borough of Palmerton, Defendants.

United States District Court, M.D. Pennsylvania.

November 20, 1985.

Attorney(s) appearing for the Case

Malcolm J. Gross, Allentown, Pa., for plaintiff.

James T. Huber, Allentown, Pa., for Guy Zern.

Matthew R. Sorrentino, Bethlehem, Pa., for Guy Zern & All Council Members-Palmerton, John Rupell, John Kasten and Borough of Palmerton.

Joseph P. Lenahan, Scranton, Pa., for defendant Diana Kenyon.

Ralph J. Johnston, Wilkes-Barre, Pa., for defendant Charles Debrosky.

Matthew R. Sorrentino, Bethlehem, Pa., for Guy Zern, Kenneth Heiney, Barry Sherer, Peter Delich, and Gerald Geiger.

MEMORANDUM

RAMBO, District Judge.

Plaintiff Herbert Truhe (Truhe) invoked this court's federal question jurisdiction by bringing this action against Diane Kenyon (Kenyon) and several other defendants under the Civil Rights Act, 42 U.S.C. § 1983. Truhe added a state-law defamation claim to his Complaint, under this court's pendent jurisdiction. Kenyon moved to dismiss Truhe's Complaint, advancing three grounds: (1) plaintiff's Complaint fails to state...

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