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NEWTON v. SOUTHEAST ALABAMA GAS DIST.

Civ. A. No. 88-D-1198-N.

708 F.Supp. 1254 (1989)

Dennis Ray NEWTON, Plaintiff, v. SOUTHEAST ALABAMA GAS DISTRICT, a corporation, and James H. Smith, Defendants.

United States District Court, M.D. Alabama, N.D.

March 13, 1989.

Attorney(s) appearing for the Case

Frank J. Tipler, Tipler & Tipler, Andalusia, Ala., Frank W. Riggs, Riggs, NeSmith & Halstrom, P.A., Montgomery, Ala., for plaintiff.

Robert D. Segall, J. Fairley McDonald, III, Copeland, Franco, Screws & Gill, Montgomery, Ala., for defendants.

MEMORANDUM OPINION

DUBINA, District Judge.

There is presently pending in this cause a motion to dismiss, filed herein by the defendants on January 5, 1989. In support of their motion, the defendants submitted a memorandum brief. On January 27, 1989, the plaintiff filed a response to the defendants' motion to dismiss and submitted a memorandum brief and other documentary evidence. For the reasons which follow...

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