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KOCH v. ZUIEBACK

Civ. No. 1304-60.

194 F.Supp. 651 (1961)

Donald Ernest KOCH, Plaintiff, v. Rudolph ZUIEBACK et al., Defendants.

United States District Court S. D. California, Central Division.

May 24, 1961.

Attorney(s) appearing for the Case

J. B. Tietz, Los Angeles, Cal., for plaintiff.

Laughlin E. Waters, U. S. Atty., by Frederick M. Brosio, Jr., Asst. U. S. Atty., Los Angeles, Cal., for defendant, Rudolph Zuieback.

THURMOND CLARKE, District Judge.

This matter is before the court on motion of defendant Zuieback to dismiss the action on the ground that plaintiff's complaint fails to state a claim upon which relief may be granted. Expressing no opinion on the merits of plaintiff's claim, the court is loath to appear to condone the lengthy history of continued harassment alleged in this case by denying plaintiff his day in court. Nevertheless, it must be concluded, albeit reluctantly...

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