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  5. 639 F.Supp. 661 (1986)
 

TARANTINO v. STATE OF N.C.

Civ. A. No. A-C-86-99.

639 F.Supp. 661 (1986)

Joseph Mario TARANTINO, Plaintiff, v. STATE OF NORTH CAROLINA; B.R. Baker, Jr., Detective, Avery County Sheriff's Department; and James T. Rusher, District Attorney for Avery County, North Carolina, individually and in their official capacities, Defendants.

United States District Court, W.D. North Carolina, Asheville Division.

July 9, 1986.

Attorney(s) appearing for the Case

Loflin & Loflin by Thomas F. Loflin, III, Dean A. Shangler, Beskind & Rudolf by David S. Rudolf, Durham, N.C., for plaintiff.

Jacob L. Safron, Sp. Deputy Atty. Gen., N.C. Dept. of Justice, Raleigh, N.C., for State of N.C. and Rusher.

Hemphill & Gavenus by Kathryn G. Hemphill, Newland, N.C., Womble, Carlyle, Sandridge & Rice by Allan R. Gitter, Winston-Salem, N.C., for B.R. Baker, Jr.

MEMORANDUM OF OPINION

SENTELLE, District Judge.

THIS CASE is currently before the Court for disposition of motions to dismiss or, alternatively, for summary judgment on behalf of all defendants, the State of North Carolina; James T. Rusher, District Attorney; and Detective B.R. Baker, Jr., Avery County Sheriff's Department, Rusher and Baker being sued in both individual and official capacities.

I

While not an old case in calendar terms...

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