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NEWTON v. BURGIN

No. C-C-72-17.

363 F.Supp. 782 (1973)

Jeannittia B. NEWTON and Allie Haney Barrett, Plaintiffs, v. Lee BURGIN et al., Defendants.

United States District Court, W. D. North Carolina, Charlotte Division.

Decided August 22, 1973.

Attorney(s) appearing for the Case

George S. Daly, Jr., of Casey & Daley, Charlotte, N. C. (Norman Monhait, second-year law student at Harvard), for plaintiffs.

R. S. Weathers, Asst. Atty. Gen., N. C. Dept. of Justice, Raleigh, N.C., for defendants.

Before CRAVEN, Circuit Judge, GORDON, Chief District Judge, and McMILLAN, District Judge.

OPINION OF THE COURT

GORDON, Chief District Judge.

At 12:30 A.M. on January 18, 1972, the plaintiff, Jeannittia B. Newton, was arrested in Mecklenburg County, North Carolina, and placed in custody for the unlawful possession of "a hypodermic syringe, and needle for the purpose of administering controlled substance. The said syringe, and needle was (sic) subject to the control and dominion of the defendant in that the said needle and syringe (sic) was in...

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