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OSABUTEY v. WELCH

No. 87-1757.

857 F.2d 220 (1988)

Beverly OSABUTEY and Ulysses Gaither, Plaintiffs-Appellees, v. Larry E. WELCH and C.B. Kearney, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 16, 1988.

Attorney(s) appearing for the Case

Frank B. Aycock, III, Charlotte, N.C., for defendants-appellants.

Louis L. Lesesne, Jr. (Gillespie, Lesesne & Connette, Charlotte, N.C., on brief) for plaintiffs-appellees.

Before WIDENER and CHAPMAN, Circuit Judges, and GORDON, Senior United States District Judge for the Middle District of North Carolina, sitting by designation.

WIDENER, Circuit Judge:

This is an interlocutory appeal from an order of the district court which denied the respective motions for summary judgment made by plaintiffs and defendants.1 We believe that the defendants acted within the scope of the qualified immunity extended to police officers, and we affirm that portion of the order denying partial summary judgment to plaintiffs. We vacate the order denying summary judgment to Welch and...

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