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LIVINGOOD v. TOWNSEND

No. 6-75 Civ. 426.

422 F.Supp. 24 (1976)

Bruce LIVINGOOD et al., Plaintiffs, v. Jerod TOWNSEND, Individually and as Sheriff of County of Becker, et al., Defendants.

United States District Court, D. Minnesota, Sixth Division.

October 22, 1976.

Attorney(s) appearing for the Case

Lee W. Mosher, Crowley, Houge & Mosher, Minneapolis, Minn., for plaintiffs.

Richard L. Pemberton, Rufer, Hefte, Pemberton, Schulze & Sorlie, Fergus Falls, Minn., for defendants Townsend and Sweeney.

John E. Pearson, Becker County Atty., Detroit Lakes, Minn., for defendant Becker County.

Charles R. Kennedy, Bradford, Kennedy & Nervig, Wadena, Minn., for defendant Thomas Hunt.

John C. Quam, Irvine, Ramstad, Quam & Briggs, Detroit Lakes, Minn., for defendants Lawrence Person, City of Detroit Lakes, Walter J. Tollefson, Leroy D. Gunderson and Alden Tyge.

DONALD D. ALSOP, District Judge.

This case is presently before the court upon the motions of defendants City of Detroit Lakes and County of Becker1 to dismiss the action against them due to lack of subject matter jurisdiction and for failure to state a claim against them upon which relief can be granted.2 These motions present the narrow issue of whether plaintiffs may sue a municipality for money damages based...

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