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BERDELLA v. DELO

No. 91-2823.

972 F.2d 204 (1992)

Robert A. BERDELLA, Appellant, v. Paul K. DELO; Thelma Branson; and Frank J. Murphy, individually and in his official capacity, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 4, 1992.

Rehearing and Suggestion for Rehearing Denied September 14, 1992.

Attorney(s) appearing for the Case

Craig M. Schmid, St. Louis, Mo., argued, for appellant.

Greg A. Perry, Jefferson City, Mo. and Mary E. Kenney, argued, William A. Lynch, Kansas City, Mo., on the brief, for appellees.

Before JOHN R. GIBSON and BEAM, Circuit Judges, and ARNOLD, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied September 14, 1992.

BEAM, Circuit Judge.

On October 17, 1989, Robert A. Berdella, then, an inmate at the Potosi Correctional Center (PCC) in Missouri,1 filed a 42 U.S.C. § 1983 complaint against Paul Delo, the superintendent of the PCC, Thelma Branson, the mail room clerk at the PCC, and Frank J. Murphy, the court-appointed trustee of Berdella's estate. On July 11, 1990...

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