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KIRK v. McMEEN

Civ. No. 71-C-16-CR.

327 F.Supp. 125 (1971)

Forrest L. KIRK, Plaintiff, v. Lewis C. McMEEN, Iowa County Attorney, and Richard C. Turner, Attorney General of Iowa, Defendants.

United States District Court, N. D. Iowa, Cedar Rapids Division.

May 25, 1971.

Attorney(s) appearing for the Case

Donald A. Hoy, Iowa City, Iowa, for plaintiff.

Clayton C. Mowers, Asst. Atty. Gen., Des Moines, Iowa, Lewis C. McMeen, Iowa County Atty., Marengo, Iowa, for defendants.

Before LAY, Circuit Judge, McMANUS, Chief District Judge, and HANSON, District Judge.

ORDER

PER CURIAM.

This matter is before the court on defendants' motion to dismiss filed April 28, 1971 and plaintiff's resistance thereto.

In this action plaintiff seeks to enjoin defendants from the introduction into evidence in Criminal Cause No. 2342 of the District Court of Iowa, in and for Iowa County, the results of the analysis of a sample of plaintiff's blood, taken while he was unconscious, pursuant to Chapter 321B, Code of Iowa 1966. Plaintiff...

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