Civil Procedure Keyed to Marcus
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Rinehart v. Locke
Facts
The district court dismissed the 1969 complaint for failure to state a claim based on the absence of probable cause. Plaintiff filed a leave to file an amended complaint, but that motion was denied, without rationale, by the court. Plaintiff did not appeal and, on June 17, 1970, Plaintiff filed a second complaint that included an averment that the arrest was made without probable cause.
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