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ELLIS v. COFFEE COUNTY BD. OF REGISTRARS

No. 91-7881.

981 F.2d 1185 (1993)

Coy Dell ELLIS; Nancy D. Ellis; Della Ellis and Joseph T. Ellis, Plaintiffs-Appellees, v. The COFFEE COUNTY BOARD OF REGISTRARS, etc., et al., Defendants, Warren Rowe, individually and as attorney and agent for the Coffee County Commission; and Billy Eagerton; Eugene Bradley; Jim Dubose; Sidney Averett; Robert Stephens; Bill Faulk, and Damascus Crittenden, individually and as members of the Coffee County Commission, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

January 12, 1993.

Attorney(s) appearing for the Case

James W. Webb, Daryl L. Masters and Bart Harmon, Webb, Crumpton, McGregor, Davis & Alley, Montgomery, AL, for Billy Eagerton, et al.

F. Chadwick Morriss, Rushton, Stakely, Johnston & Garrett, P.A., Montgomery, AL, for Warren Rowe.

Julian L. McPhillips, Jr., McPhillips, Hawthorne & Shinbaum, Montgomery, AL, for plaintiffs-appellees.

Before BIRCH, Circuit Judge, JOHNSON, Senior Circuit Judge, and THOMAS, Senior District Judge.

BIRCH, Circuit Judge:

This interlocutory appeal requires our determination of whether members of a local county commission and the county attorney are entitled to immunity for their participation in deciding and communicating the voting status of a family that had moved outside the county. The district court granted summary judgment to the county commissioners in their official capacity, but denied summary judgment to them in their individual capacities as to absolute...

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