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PADGETT v. PALMER

No. 2:92-CV-173 PS.

856 F.Supp. 1185 (1994)

Gerald A. PADGETT, Larry Boykin, and Am-Can Trucking, Inc., a Mississippi corporation, Plaintiffs, v. U.L. PALMER, Sr., Calvin Allen, Individually and in His Official Capacity as a Deputy with the Greene County Sheriff's Department, and Roger Hillman, Individually and in His Official Capacity as a Deputy with the Greene County Sheriff's Department, Defendants.

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

June 30, 1994.

Attorney(s) appearing for the Case

J. Andrew Phelps, J. Andrew Phelps, Atty., Robert Rogan Marshall, Robert Rogan Marshall, Atty., Hattiesburg, MS, for plaintiffs.

Stanford Young, Stanford Young, Atty., Waynesboro, MS, for U.L. Palmer, Sr.

S. Robert Hammond, Jr., Bryant, Clark, Dukes, Blakeslee, Ramsay & Hammond, Hattiesburg, MS, James O. Dukes, Bryant, Clark, Dukes, Blakeslee, Ramsay & Hammond, Gulfport, MS, for Calvin Allen, Roger Hillman.

MEMORANDUM OPINION AND ORDER

PICKERING, District Judge.

This matter is before the Court on Motion for Summary Judgment filed on behalf of the Defendants Calvin Allen and Roger Hillman. The Court having reviewed the motion, the response, the briefs of counsel, the authorities cited and being otherwise fully advised in the premises finds that the motion is well taken and should be granted. The Court further finds as follows, to wit:

FACTUAL...

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