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MERSHON v. KYSER

No. 88-1141.

852 F.2d 335 (1988)

Clark MERSHON; Paul Mershon; Gary Mershon, Appellants, v. Harold KYSER, Individually and in his Official Capacity as Prosecuting Attorney of Bates County, Missouri 64730; Hugh Jenkins, Individually and in his Official Capacity as Assistant Prosecuting Attorney of Bates County, Missouri 64730; Missouri Farmers Association, Inc., Brian Griffith; William R. Beasley, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 21, 1988.

Attorney(s) appearing for the Case

Karen K. Howard, Kansas City, Mo., for appellants.

Wayne H. Hoecker, Kansas City, Mo., and Harold Kyser, Butler, Mo., for appellees.

Before McMILLIAN, JOHN R. GIBSON and MAGILL, Circuit Judges.

PER CURIAM.

Clark, Paul and Gary Mershon appeal from the final order of the District Court1 for the Western District of Missouri denying their motions for a temporary restraining order and preliminary injunction to enjoin pending state criminal prosecutions against them. For reversal, the Mershons argue that the district court erroneously failed to apply the "bad-faith or harassment" exception to the abstention doctrine of Younger v...

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