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CAPERS v. BURKE

No. 83-0561C(4).

596 F.Supp. 711 (1984)

William CAPERS, Plaintiff, v. Jerry BURKE, Sgt. Bill Pierce, Tom Jackson, Thomas Murphy, Ed Kyle, Tom McDermott, Dan Hoffarth, Ron Bilyk, and Jim Nowotny, Defendants.

United States District Court, E.D. Missouri, E.D.

October 4, 1984.

Attorney(s) appearing for the Case

Curtis Calloway, St. Louis, Mo., for plaintiff.

Eugene K. Buckley, Michael M. Flavin, Brown, James & Rabbitt, St. Louis, Mo., for defendants.

MEMORANDUM AND ORDER

CAHILL, District Judge.

This matter is before the Court on defendants Pierce, Jackson, Murphy, Kyle, Bilyk, and Nowotny's (the defendants') motion for summary judgment; and defendant Burke's separate motion for summary judgment. The Court will heretofore treat defendant Burke's motion as a motion to dismiss.

William Capers, a federal prisoner in Ashland, Kentucky, commenced this action pursuant to 42 U.S.C. §§ 1983...

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