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ALLEN v. CITY OF ATHENS

CV95-H-1083-NE.

937 F.Supp. 1531 (1996)

Marvin A. ALLEN, Plaintiff, v. CITY OF ATHENS and Doug Gunter, Individually and in his official capacity as Head of the Electrical Department for the City of Athens, Defendants.

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

September 3, 1996.

Attorney(s) appearing for the Case

Candis A. McGowan, Cooper Mitch Crawford Kuykendall & Whatley, Birmingham, AL, for plaintiff.

Jerry L. Batts, Sherrill Batts & Mathews, Athens, AL, for defendants.

MEMORANDUM OF DECISION

HANCOCK, Senior District Judge.

The Court has before it the February 29, 1996 motion for summary judgment filed by both defendants in this case. Pursuant to the Court's March 1, 1996 and April 1, 1996 Orders, the motion was deemed submitted, without oral argument, on April 9, 1996.

I. Procedural History

Plaintiff Marvin Allen ("plaintiff") filed this action on April 28, 1995, alleging that defendant City of...

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