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STRAIT v. MEHLENBACHER

No. Civ-79-895C.

526 F.Supp. 581 (1981)

Brian A. STRAIT, Robert E. Perry, Walter H. Ruehle, and Monroe County Legal Assistance Corporation, Plaintiffs, v. Walter C. MEHLENBACHER; Allen Capwell, in his capacity as Sheriff of Wyoming County, New York; Ronald Ely, in his capacity as Undersheriff of Wyoming County, New York; Roger Bliss, in his capacity as Town Justice of the Town of Pike, Wyoming County, New York; Robert Smith; Arthur Roe; Frank Clifton; and John Does 1 through 10, being persons unknown constituting the Camp Committee on the Farm owned by Defendant Mehlenbacher, Defendants.

United States District Court, W. D. New York.

November 25, 1981.

Attorney(s) appearing for the Case

Robinson, Williams & Angeloff (Mitchell T. Williams, of counsel), Rochester, N. Y., for plaintiffs.

Martin S. Handelman, Rochester, N. Y., for defendants.

CURTIN, District Judge.

Currently before me in this civil rights action is plaintiffs' motion for partial summary judgment dismissing the defendants' third counterclaim pursuant to Rule 56(b) of the Federal Rules of Civil Procedure. This counterclaim is based upon 42 U.S.C. § 1983. Defendants allege that the plaintiffs violated the civil rights of the members of the Camp Committee at the Mehlenbacher Labor Camp by entering onto the premises of the living quarters...

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