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HUTTO v. WATERS

Civ. A. No. 82-374-N.

552 F.Supp. 266 (1982)

Harold David HUTTO, Plaintiff, v. Gary WATERS, etc., et al., Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

October 18, 1982.

Attorney(s) appearing for the Case

David B. Schultz, Robert M. White, White & Selkin, Norfolk, Va., for plaintiff.

Stuart E. Katz, Asst. City Atty., City of Portsmouth, Portsmouth, Va., for defendants.

MEMORANDUM ORDER

DOUMAR, District Judge.

This matter is before the Court on the defendants' motion to dismiss, pursuant to Rule 12(b)(6) and Rules 56(b) and (c) of the Federal Rules of Civil Procedure. The plaintiff, Mr. Hutto, opposes the defendants' motion to dismiss and has filed a brief in response thereto. Both the plaintiff and the defendants have filed documents and affidavits in support of their respective positions. Since the Court has not excluded...

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