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O'FERRELL v. U.S.

No. CIV. A. 92-A-1450-S.

998 F.Supp. 1364 (1998)

Robert Wayne O'FERRELL and Mary Ann O'Ferrell, Plaintiffs, v. UNITED STATES of America, et al., Defendants.

United States District Court, M.D. Alabama, Southern Division.

March 24, 1998.

Attorney(s) appearing for the Case

G. William Gill, McPhillips, Shinbaum, Gill & Stoner, Montgomery, AL, for plaintiffs.

Kenneth R. Jones, Georgiana, AL, for Kenneth R. Jones, Trustee, intervenor-plaintiff.

David L. Allred, Kenneth E. Vines, Redding Pitt, U.S. Attorney, U.S. Attorney's Office, Montgomery, AL, for defendants.

MEMORANDUM OPINION

ALBRITTON, District Judge.

This cause is before the court on the Motion to Dismiss, or in the alternative, Motion for Summary Judgment, filed by defendant FBI Special Agent Stephen E. Brannan on December 10, 1997. Brannan's motion and the response from the Plaintiffs rely on matters outside of the pleadings; therefore, the motion is due to be treated as a motion for summary judgment. See Fed. R. Civ. Proc. 12(b). For the...

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