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WILSON v. WINSTEAD

No. CIV-2-78-25.

470 F.Supp. 263 (1978)

Clarence WILSON, Plaintiff, v. Heiskell H. WINSTEAD et al., Defendants.

United States District Court, E. D. Tennessee, Northeastern Division.

On Motion to Exclude Evidence November 14, 1978.

On Admissibility of Certain Evidence November 20, 1978.

On Claim of Immunity November 22, 1978.

Attorney(s) appearing for the Case

Joseph J. Levitt, Jr., Knoxville, Tenn., for plaintiff.

Charles R. Terry, Morristown, Tenn., N. R. Coleman, Jr., and Gene P. Gaby, Milligan, Coleman, Fletcher, Gaby & Kilday, Greeneville, Tenn., and John F. Dugger, Bacon, Dugger & Jessee, Morristown, Tenn., for defendants.

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

A United States magistrate of this district recommended on April 28, 1978 that the respective motions of the defendants herein for a dismissal of this action for the plaintiff's failure to state a claim against them upon which relief can be granted, Rule 12(b)(6), Federal Rules of Civil Procedure, be granted as to the plaintiff's claim under 42 U.S.C. § 1985(3), but that the same be denied as to his...

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