LEMMON v. CLAYTON

Civ. 3091.

128 F.Supp. 771 (1955)

Verge LEMMON, Plaintiff, v. Adelbert CLAYTON, Jason C. Smith, Fran Blonquist, Ernest Weick, L. A. Burrell, Dale Fenich, Adolph Eggers, and J. M. Bettis, Defendants.

United States District Court, D. Idaho, S. D.

February 25, 1955.


Attorney(s) appearing for the Case

Anderson & Anderson, Pocatello, Idaho, for plaintiff.

Elam & Burke, Boise, Idaho, for defendant Clayton.

Kibler & Beebe, Nampa, Idaho, for other defendants.


TAYLOR, District Judge.

This cause is before the Court on a motion to dismiss made by all of the above-named defendants except Adelbert Clayton. Oral argument having been waived, the motion is here on briefs of counsel. Defendants moving for dismissal are the Mayor and Councilmen of the City of Caldwell, Idaho.

The question is whether the Mayor and City Councilmen of a city of the second class of the State of Idaho may be held individually liable to an injured...

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