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CARR v. AUBUCHON

Nos. 91-3612, 91-3618.

969 F.2d 714 (1992)

Elmer CARR, Plaintiff/Appellee, v. Joseph AUBUCHON, Norma J. Schroeder, H.B. Miller, Defendants, Bill D. Miller, Defendant/Appellant, Gary F. Toelke, Defendant, Elmer Maschmann, Defendant/Appellant. Elmer CARR, Plaintiff/Appellee, v. Joseph AUBUCHON, Defendant/Appellant, Norma J. Schroeder, Defendant, H.B. Miller, Defendant/Appellant, Bill D. Miller, Gary F. Toelke, Elmer Maschmann, Defendants.

United States Court of Appeals, Eighth Circuit.

Decided July 15, 1992.

Attorney(s) appearing for the Case

Michael E. Pritchett, Jefferson City, Mo., argued, for appellants Schroeder, Maschmann, and Bill D. Miller.

Joy R. Urbom, Evans & Dixon, St. Louis, Mo., argued, for H.B. Miller and Aubuchon.

Robert J. Krehbiel and Adrian P. Sulser, Evans & Dixon, St. Louis, Mo., on the brief, for appellant Aubuchon.

Sherri C. Strand, St. Louis, Mo., argued, for plaintiff/appellee.

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

BEAM, Circuit Judge.

Elmer Carr filed this lawsuit, pursuant to 42 U.S.C. § 1983, claiming that Joseph Aubuchon, Bill D. Miller, and Elmer Maschmann violated his constitutional rights during criminal proceedings. Aubuchon, Miller, and Maschmann appeal from the district court's decision rejecting their claim of absolute or qualified immunity. We hold that the statute of limitations has expired, and we remand to the district...

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