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BARTLETT v. WHEELER

Civ. A. No. 72-C-149-R.

360 F.Supp. 1051 (1973)

Larry James BARTLETT, Plaintiff, v. M. W. WHEELER, Defendant.

United States District Court, W. D. Virginia, Roanoke Division.

July 5, 1973.

Attorney(s) appearing for the Case

Wade H. Ballard, III, Peterstown, W. Va., and H. N. Osborne, Pearisburg, Va., for plaintiff.

Garnett S. Moore, Moore & Groseclose, Pulaski, Va., for defendant.

Ruling On Motion To Dismiss

DALTON, Chief Judge.

Plaintiff filed this complaint on November 28, 1972, and asserts jurisdiction under 28 U.S.C.A. § 1343, 42 U.S.C.A. §§ 1983 and 1985. While plaintiff argues denial of his constitutional rights under color of state law, he does not allege a conspiracy to interfere with his civil rights, which is the essence of a § 1985 action.

Plaintiff alleges that on September 8, 1972 the...

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