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YOUNGER v. REED

No. GC 75-8-S.

495 F.Supp. 68 (1980)

Clyde L. YOUNGER, Plaintiff, v. Jack K. REED, W. I. Hollowell, Former Superintendent; Liberty Cash, Assistant Superintendent; Charles F. Riddell, Cleve McDowell, H. L. Roberts, Sr., K. C. Peters, Sr., and John Q. DeMoville, Members of the Mississippi State Penitentiary Board; New Hampshire Insurance Company; Granite State Insurance Company; Western Surety Company; United States Fidelity and Guaranty Company; St. Paul Fire and Marine Ins. Co.; and Transamerica Insurance Company, Defendants.

United States District Court, N. D. Mississippi, Greenville Division.

May 30, 1980.

Attorney(s) appearing for the Case

Barbara Y. Phillips, Lawyers' Committee for Civil Rights, Jackson, Miss., for plaintiff.

P. Roger Googe, Jr., Asst. Atty. Gen., Jackson, Miss., Roy D. Campbell, Jr., and James L. Robertson, Campbell & Delong, Greenville, Miss., for USF&G.

Charles T. Ozier, Wise, Carter, Child, Steen & Caraway, Jackson, Miss., Jerome C. Hafter, Lake, Tindall, Hunger & Thackston, Greenville, Miss., for Western Surety.

Freeland & Gafford, Oxford, Miss., for Granite.

Jimmie B. Reynolds, Jr., Wise, Carter, Child, Steen & Caraway, Jackson, Miss., for St. Paul Fire & Marine.

MEMORANDUM OF DECISION

ORMA R. SMITH, District Judge.

This action is before the court upon the motions of all of the defendants for summary judgment, pursuant to Rule 56, Fed.R. Civ.P. The defendants have submitted affidavits and exhibits in support of their motions, the plaintiff has responded with an affidavit and exhibits, and the matter is now ready for disposition upon the record.

The action sub judice is a rather old case which arises out of...

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