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RHEA v. UMFLEET

No. S87-106C(5).

680 F.Supp. 322 (1988)

Thomas RHEA, Plaintiff, v. Jerry UMFLEET, Keith DeSpain, and Marilyn McFarland, Defendants.

United States District Court, E.D. Missouri, Southeastern Division.

February 17, 1988.

Attorney(s) appearing for the Case

Thomas Rhea, pro se.

John L. Oliver, Jr., Oliver, Oliver, Waltz & Cook, Cape Girardeau, Mo., for defendants.

ORDER

LIMBAUGH, District Judge.

This matter is before the Court on defendants' motions to dismiss plaintiff's complaint. Plaintiff Thomas Rhea was arrested on September 18, 1986 in Fredericktown, Missouri and charged with unlawful use of a weapon. The arresting officer, defendant Keith DeSpain, seized the weapon, a Winchester Model 94 rifle, and delivered it to the Chief of Police, defendant Jerry Umfleet, to be retained by him as evidence in the case.<...

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