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ROGERS v. BERGER

Civ. A. No. 87-0025-D.

682 F.Supp. 302 (1988)

Richard D. ROGERS, Jr., Plaintiff, v. Glenn L. BERGER, in his individual capacity and in his official capacity as Special Prosecutor for Patrick County, Virginia, Defendant.

United States District Court, W.D. of Virginia, Danville Division.

March 21, 1988.

Attorney(s) appearing for the Case

David B. Worthy, Stone & Worthy, Martinsville, Va., for plaintiff.

W. Carrington Thompson, Clement & Wheatly, Danville, Va., for defendant.

MEMORANDUM OPINION

TURK, Chief Judge.

The complaint before the court alleges an unconstitutional deprivation, and seeks relief under 42 U.S.C. § 1983 (1982). Jurisdiction is conferred on the court pursuant to 28 U.S.C. § 1331 (1982). The defendant has filed a motion for summary judgment on the complaint, and the plaintiff has filed a motion to dismiss the defendant's counterclaim founded in state law. There being no substantial questions of material...

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