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HENRY v. CITY OF MINNEAPOLIS

Civ. No. 3-80-547.

512 F.Supp. 293 (1981)

Evan J. HENRY, Plaintiff, v. CITY OF MINNEAPOLIS, a municipal Corporation, Norman Smith, Donald Johnson and Edward C. Vavreck, Sr., Defendants.

United States District Court, D. Minnesota, Third Division.

April 18, 1981.

Attorney(s) appearing for the Case

Charles F. Richards, O'Brien, Ehrick, Wolf, Deaner & Downing, Rochester, Minn., for plaintiff.

Robert J. Alfton, City Atty., Jerome F. Fitzgerald, Asst. City Atty., Minneapolis, Minn., for defendants.

MEMORANDUM & ORDER

DEVITT, Chief Judge.

This matter is before the court upon all defendant's motions to dismiss for lack of subject matter jurisdiction, and in the alternative, upon defendant Vavreck's motion to dismiss or for summary judgment on the ground of absolute immunity. We reach only the motion to dismiss for lack of subject matter jurisdiction. The issue presented is whether, under the circumstances of this case, plaintiff may maintain a cause...

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