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NEEBUHR v. BAYER

Civ. A. No. C80-1432A.

502 F.Supp. 1216 (1980)

Neola NEEBUHR, Executrix under the Will of Sheldon L. Neebuhr, deceased, Plaintiff, v. Hon. Frank BAYER, Judge et al., Defendants.

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

November 25, 1980.

Attorney(s) appearing for the Case

Donald C. Steiner, Canton, Ohio, for plaintiff.

William E. Schultz, Asst. Pros. Atty., Akron, Ohio, for defendants.

ORDER

CONTIE, District Judge.

This matter is before the Court upon cross motions to dismiss and for summary judgment. Invoking the Court's jurisdiction under 28 U.S.C. § 1343(3) and its statutory counterpart 42 U.S.C. § 1983, plaintiff brings the within action for declaratory and injunctive relief.

I.

Factual Posture

Prior to his death, plaintiff's decedent filed an action in state court seeking damages on a common...

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