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WARREN v. CUMMINGS

Civ. A. No. C-1366.

303 F.Supp. 803 (1969)

Howard WARREN, Theresa Warren, Gloria Warren, Stephen Warren, David Warren, Shirley Warren, minors, by their father and next friend, Edward Warren, and Edward and Carmen Warren, individually, Plaintiffs, v. William CUMMINGS, John Cummings, John Robertson, Paul T. McCabe, and Ronald E. Greenbaum, Defendants.

United States District Court D. Colorado.

September 12, 1969.

Attorney(s) appearing for the Case

David B. Savitz, Denver, Colo., for plaintiffs.

William P. Sullivan, Denver, Colo., for defendants William Cummings and John Cummings.

John M. Healey, Denver, Colo., for defendant John Robertson.

Joseph N. Lilly, Denver, Colo., for defendant Paul T. McCabe.

Tilly & Graves, by Ronald O. Sylling, Denver, Colo., for defendant Ronald E. Greenbaum.

MEMORANDUM OPINION AND ORDER

WILLIAM E. DOYLE, District Judge.

The action herein arises under 28 U.S.C.A. § 1343 and 42 U.S.C.A. § 1983. It alleges deprivation of civil rights in connection with an arrest. The defendants William Cummings, John Cummings and John Robertson have moved to dismiss. Plaintiff Howard Warren alleges that:

On June 16, 1967 he entered Rex Liquors in Denver and there purchased and consumed a soft drink. After leaving...

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