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HOUSTON BY HOUSTON v. CITY OF ATHENS, ALA.

No. CV 86-HM-5427-NE.

652 F.Supp. 868 (1986)

Roosevelt HOUSTON, Jr., a minor by next friend Roosevelt HOUSTON, Sr., and Victor Houston, Plaintiffs, v. The CITY OF ATHENS, ALABAMA; Bill Davis, Harlan Mitchell; and Russ Morgan, Defendants.

United States District Court, N.D. Alabama, Northeastern Division.

December 5, 1986.

Attorney(s) appearing for the Case

Curtis M. Simpson, Florence, Ala., for plaintiffs.

Jerry Batts, Sherrill & Batts, Athens, Ala., Dennis Riley, Morring, Schrimsher & Riley, Huntsville, Ala., for defendants.

MEMORANDUM OF DECISION

HALTOM, District Judge.

The above entitled civil action is before the Court upon the defendant City of Athens' 12(b)(6) motion to dismiss plaintiffs' complaint, as last amended on October 20, 1986.1

Plaintiffs' original complaint filed on August 8, 1986 is set out in the attached appendix to the within order which is expressly made a part hereof. Counts II (claim against City under respondeat superior...

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