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WAMMACK v. CITY OF BATESVILLE

No. B-C-80-43.

522 F.Supp. 1006 (1981)

J. W. WAMMACK, Plaintiff, v. CITY OF BATESVILLE, Cliff Foster, Chief of Police; and Mark Linder, Earl Hodges, Paul Strecker and Lawrence Williams, Members of the Batesville Civil Service Commission, Defendants.

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

September 11, 1981.

Attorney(s) appearing for the Case

Blair Arnold, Batesville, Ark., Bill Bristow, Jonesboro, Ark., for plaintiff.

Donnie McSpadden, Batesville, Ark., Phillip B. Farris, Highsmith, Gregg, Hart & Farris, Batesville, Ark., for defendants.

MEMORANDUM OPINION

HOWARD, District Judge.

The issue confronting the Court, as a consequence of defendants' motion to dismiss or, in the alternative, stay proceedings, is whether the Court should decline to exercise jurisdiction of this action under the "doctrine of abstention."

The plaintiff has alleged that he was discharged from the Batesville Police Department by the Chief of Police on August 20, 1980, for merely exercising First Amendment rights...

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