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McCORMICK v. ROSS

No. N74-8C.

377 F.Supp. 1176 (1974)

Donnie Ray McCORMICK, Plaintiff, v. Frances G. ROSS, Individually and in the Capacity as Clerk of the Circuit Court of Ralls County, New London, Missouri, et al., Defendants.

United States District Court, E. D. Missouri, N. D.

July 5, 1974.

Attorney(s) appearing for the Case

Donnie Ray McCormick, pro se.

John M. McIlroy, Sr., Bowling Green, Mo., for defendants, Ross, Briscoe and Millan.

Gerard F. Hempstead, Evans & Dixon, St. Louis, Mo., for defendant Millan.

MEMORANDUM

NANGLE, District Judge.

This action is before the Court upon the joint motion of the defendants to dismiss or, in the alternative, for summary judgment. Both the plaintiff and the defendants have submitted affidavits and exhibits in support of their positions.

Plaintiff Donnie Ray McCormick, a Missouri state prisoner, alleges that he was convicted of first degree murder in the Missouri courts on February 28, 1967, upon an illegally altered...

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