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CLAYBROOK v. BIRCHWELL

No. 98-6029.

199 F.3d 350 (2000)

Royal E. CLAYBROOK, Jr., Gwannette Claybrook, Petrece Claybrook, Co-Administrators of the Estate of Royal Claybrook, Sr., and Quintana Claybrook, Plaintiffs-Appellants, v. Jesse BIRCHWELL, Steve Lewis, Ken Spencer, Robert Kirchner, and Metropolitan Government of Nashville & Davidson County, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 11, 2000.

Attorney(s) appearing for the Case

E.E.Edwards, III (argued and briefed), Wesley M. Oliver (briefed), Edwards, Simmons & Oliver, Nashville, TN, for Appellants.

Kennetha Sawyers (argued and briefed), Metropolitan Government of Nashville & Davidson County Dept. of Law, Nashville, TN, for Appellees.

Before: KRUPANSKY, BOGGS, and CLAY, Circuit Judges.

KRUPANSKY, J., delivered the opinion of the court, in which BOGGS, J., joined. CLAY, J. (pp. 361-63), delivered a separate opinion concurring in part and dissenting in part.

OPINION

KRUPANSKY, Circuit Judge.

The plaintiffs-appellants Royal E. Claybrook Jr. ("Royal Jr."), Gwannette Claybrook ("Gwannette"), Petrece Claybrook ("Petrece"), and Quintana Claybrook ("Quintana") have disputed the district court's dismissal of their complaint for failure...

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