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LEGGETT v. STRICKLAND

No. 80-7538 Summary Calendar.

640 F.2d 774 (1981)

Billy J. LEGGETT and Geraldine Leggett, Parents of Kenneth Wayne Leggett, Deceased, Plaintiffs-Appellants, v. Wesley STRICKLAND et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

March 27, 1981.

Attorney(s) appearing for the Case

Dennis J. Strickland, Sr., Waycross, Ga., for plaintiffs-appellants.

George H. Wynn, Lakeland, Ga., John T. McTier, Valdosta, Ga., for City of Lakeland, Strickland and Peters.

O. Wayne Ellerbee, William A. Turner, Jr., Valdosta, Ga., D. W. Slone, Lakeland, Ga., for Jenkins, Jones and Lanier County.

Before TJOFLAT, VANCE and FRANK M. JOHNSON, Jr., Circuit Judges.

FRANK M. JOHNSON, Jr., Circuit Judge:

Alleging a deprivation of civil rights, plaintiffs filed this Section 1983 action. The incident from which the cause of action arose took place on March 30, 1978. On March 26, 1980, plaintiffs' attorney mailed the complaint to the clerk of the district court. The envelope containing the complaint did not have sufficient postage affixed and thus the complaint was returned to plaintiffs' attorney on March 28, 1980, marked refused...

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