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OSBORNE v. ROSE

Civil Action Nos. 96-0059-A, 96-0060-A.

954 F.Supp. 1142 (1997)

Donald Thomas OSBORNE, Jr., Plaintiff, v. W.D. ROSE, Defendant. Donald Thomas OSBORNE, Sr., Plaintiff, v. W.D. ROSE, Defendant.

United States District Court, W.D. Virginia, Abingdon Division.

January 24, 1997.

Attorney(s) appearing for the Case

Dennis Eugene Jones, Dennis E. Jones & Associates, Lebanon, VA, for plaintiffs.

W. Mark Dunn, Office of the Attorney General, Richmond, VA, for defendant.

OPINION AND ORDER

JONES, District Judge.

In these related cases arising under 42 U.S.C. § 1983, the defendant has moved for summary judgment on the ground, among others, of qualified immunity. In general I find the questions can only be resolved by the determination of disputed issues of fact. Since the pretrial record shows genuine issues of fact for trial, I must (with one minor exception) deny the motions for summary judgment.

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