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SIMMONS v. BAKER

Civ. A. No. 3:93CV357.

842 F.Supp. 883 (1994)

James E. SIMMONS, Plaintiff, v. Colonel Carl R. BAKER, Vernon E. Poe, L.E. McCann, and Julian E. Boyer, Defendants.

United States District Court, E.D. Virginia, Richmond Division.

February 3, 1994.

Attorney(s) appearing for the Case

Sharon Antonina Bradshaw, Gerald Thomas Zerkin, Robert Godfrey, Gerald T. Zerkin & Associates, and David Preston Baugh, Richmond, VA, for plaintiff.

Stephen D. Rosenthal, Gail Starling Marshall, William H. Hauser, Barbara Jean Gaden, Office of the Atty. Gen., Richmond, VA, for defendants Virginia State Police; Carl R. Baker; L.E. McCann.

Frederick Richard Koazk, Archer Lafayette Yeatts, III, Maloney, Yeatts & Barr, Richmond, VA, for defendant Vernon E. Poe.

Linwood Theodore Wells, Jr., Office of Atty. Gen., Criminal Litigation Section, Richmond, VA, for defendant Julian E. Boyer.

MEMORANDUM OPINION

RICHARD L. WILLIAMS, Senior District Judge.

This matter is before the Court on the following motions: (1) defendants' motions for summary judgment; (2) plaintiff's cross-motion for partial summary judgment; (3) plaintiff's motion for class certification; (4) plaintiff's motion for defendant class certification; and (5) defendant Boyer's motions to dismiss and to overrule plaintiff's request for class certification. For the reasons...

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