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RANKIN v. HOWARD

Civ. No. 77-790 PHX-CAM.

457 F.Supp. 70 (1978)

Marcus W. RANKIN, Plaintiff, v. Wayne HOWARD and Jane Doe Howard, his wife, Joseph Alexander, Sr. and Esther Alexander, his wife, Joseph Alexander, Jr. and Jane Doe Alexander, his wife, Michael E. Trauscht and Jane Doe Trauscht, his wife, Freedom of Thought Foundation, an Arizona Corporation, William J. Rankin and Wilma E. Rankin, his wife, James J. Zeller, S. Mitchell Mack, Jr. and Jane Doe Mack, his wife, Gary Scharff and Jane Doe Scharff, his wife, Steve Lotz and Jane Doe Lotz, his wife, Gary Conklin and Jane Doe Conklin, his wife, and Lawrence Gumbriner and Jane Doe Gumbriner, his wife, Defendants.

United States District Court, D. Arizona.

July 7, 1978.

Attorney(s) appearing for the Case

Peter D. Baird, Lewis & Roca, Phoenix, Ariz., Richard Ben-Veniste, Melrod, Redman & Gartlan, Washington, D. C., for plaintiff.

Gilmore F. Diekmann, Jr., Bronson, Bronson & McKinnon, San Francisco, Cal., Monbleau, Vermeire & Turley, Ronald Jay Cohen, Streich, Lang, Weeks, Cardon & French, Phoenix, Ariz., John C. Gage, Gage & Tucker, Kansas City, Mo., for defendants Rankin.

David J. Karasek, Robinson, Karasek & Hendrickson, Phoenix, Ariz., for defendants Conklin.

Arthur L. Hirsch, Tucson, Ariz., for defendants Scharff, Freedom of Thought Foundation, Joseph Alexander and Esther Alexander.

Gary Conklin, pro se, Westmoreland, Kan.

Wayne Howard, pro se.

OPINION and ORDER

MUECKE, District Judge.

This matter is before this Court on the motion for partial summary judgment of Defendants Howard and Trauscht and the motion for summary judgment of Defendant Judge James Zeller. The matter has been well briefed including supplemental briefs subsequent to the hearing, and the matter was orally argued before the Court on April 24, 1978. As discussed below, the Court finds that Defendant Zeller's motion for summary...

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