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TOWN OF HOPKINS, S. C. v. COBB

Civ. A. No. 78-1110.

466 F.Supp. 1215 (1979)

The TOWN OF HOPKINS, SOUTH CAROLINA et al., Plaintiffs, v. Owens T. COBB, Jr., et al., Defendants.

United States District Court, D. South Carolina, Columbia Division.

March 22, 1979.

Attorney(s) appearing for the Case

John R. Harper, II, Columbia, S. C., for plaintiffs.

C. Tolbert Goolsby, Jr., Deputy Atty. Gen., Treva G. Ashworth, Asst. Atty. Gen., James M. Holly, Staff Atty., Columbia, S. C., for Daniel R. McLeod and O. Frank Thornton.

Daniel R. McLeod, Atty. Gen., Victor S. Evans, Deputy Atty. Gen., Katherine W. Hill, Asst. Atty. Gen., Columbia, S. C., for Owens T. Cobb, Jr.

ORDER

HEMPHILL, District Judge.

This matter is before the Court on a motion to dismiss the claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure filed by the Defendant, the Honorable Owens T. Cobb, Jr., Special Circuit Judge, raising the defense of judicial immunity. The Complaint was filed on July 6, 1978, and brought pursuant to 42 U.S.C., §§ 1971, 1973, 1981 and 1983, alleging violations of the First, Ninth, Thirteenth, Fourteenth...

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