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RHODES v. SMITHERS

Civil Action No. 2:94-0188.

939 F.Supp. 1256 (1995)

Michael Eugene RHODES and Danita Rhodes, both individuals, Plaintiffs, v. Carl R. SMITHERS, Houston M. Eads, David W. Skeen, and John Does I through X, all individuals, individually and as officers of the West Virginia State Police; Robin K. Welch, an individual, individually and as Prosecuting Attorney of Roane County, West Virginia; and Tony Morgan, an individual, individually and as Special Prosecutor for Roane County, West Virginia, Defendants.

United States District Court, S.D. West Virginia.

September 15, 1995.

Attorney(s) appearing for the Case

Kathy A.W. Arnold, Spencer, WV, for plaintiffs.

Steven P. McGowan, Jeffrey K. Phillips, Travis S. Haley, Charleston, WV, for defendants.

MEMORANDUM ORDER

COPENHAVER, District Judge.

This matter is before the court on the motion and supplemental motion for summary judgment filed by defendants Carl R. Smithers, Houston M. Eads and David W. Skeen on October 4, 1994, and January 23, 1995, and on the motion and supplemental motion for summary judgment filed by defendants Robin K. Welch and Tony Morgan on October 5, 1994, and January 20, 1995.1

I.

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