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FRITTS v. NIEHOUSE

No. 83-4324-CV-C-5.

604 F.Supp. 823 (1984)

Charles A. FRITTS and Joyce Ann Fritts, Plaintiffs, v. Trooper Robert L. NIEHOUSE, et al., Defendants.

United States District Court, W.D. Missouri, C.D.

September 17, 1984.

Attorney(s) appearing for the Case

D. Patrick Sweeney, David W. Ansley, James B. Condry, Woolsey, Fisher, Whiteaker, McDonald & Ansley, Springfield, Mo., Philip S. Huffman, Hartville, Mo., for plaintiffs.

Theodore A. Bruce, Asst. Atty. Gen., Jefferson City, Mo., for defendants.

ORDER

SCOTT O. WRIGHT, Chief Judge.

Presently pending before the Court is defendant Niehouse's motion to dismiss Count V of the first amended complaint. Counts I through IV, asserted solely by plaintiff Charles Fritts, involve a § 1983 claim as well as pendent state law claims for assault, battery, and false imprisonment. Count V is a loss of consortium claim asserted solely by Charles Fritts's wife, Joyce Fritts.

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