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U.S. v. ALSTON

No. C-88-665-WS.

717 F.Supp. 378 (1989)

UNITED STATES of America, and Winston-Salem Police Department, Plaintiffs, v. Robert ALSTON, Jr., and the Winston-Salem/Forsyth County Board of Education, Defendants.

United States District Court, M.D. North Carolina, Winston-Salem Division.

May 9, 1989.

Attorney(s) appearing for the Case

Richard L. Robertson, Asst. U.S. Atty., Greensboro, N.C., for plaintiff.

Mary Claire McNaught, Public Safety Attorney, Winston-Salem, N.C., for plaintiff Winston-Salem Police Dept.

Douglas S. Punger, of Winston-Salem, N.C., for defendants.

MEMORANDUM OPINION

GORDON, Senior District Judge:

This matter is before the court on plaintiffs' motion for summary judgment pursuant to Federal Rule of Civil Procedure 56(c). The court will grant the motion because there is no genuine issue as to any material fact and plaintiffs are entitled to a judgment as a matter of law.

I.

The parties have agreed to the facts of this case.

Pursuant to a warrant, Winston-Salem police officers...

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