McGEE v. PARKER

Civ. A. No. J90-0361(L).

772 F.Supp. 308 (1991)

Ellis McGEE, Plaintiff, v. Wayne PARKER and City of McComb City, Mississippi, Defendants.

United States District Court, S.D. Mississippi, Jackson Division.

January 7, 1991.


Attorney(s) appearing for the Case

Clyde Ratcliff, McComb, Miss., Gary L. Honea, Magnolia, Miss., for plaintiff.

W. Thomas Siler, Jr., Louise Harrell, Phelps, Dunbar, Marks, Claverie & Sims, Jackson, Miss., Thomas H. Walman, McComb, Miss., for defendants.


MEMORANDUM OPINION AND ORDER

TOM S. LEE, District Judge.

This cause is before the court on the motion of defendants City of McComb and Wayne Parker in his official capacity to dismiss plaintiff's state law claims against them pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, or alternatively, for partial summary judgment as to plaintiff's state law claims pursuant to Rule 56 of the Federal Rules of Civil Procedure.1

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