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PERKINS v. UNITED STATES FIDELITY AND GUARANTY COMPANY

No. 30244 Summary Calendar.

433 F.2d 1303 (1970)

James L. PERKINS, Plaintiff-Appellant, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 12, 1970.

Attorney(s) appearing for the Case

Gordon & Cleveland, Charles Cleveland, Birmingham, Ala., Love & Love, Huel M. Love, Sr., Talladega, Ala., for appellant.

Gaines & Powers, by Ralph D. Gaines, Jr., Talladega, Ala., for appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

PER CURIAM:

James L. Perkins brought an action for damages in the district court against a judge of the Probate Court of Talladega County, Alabama,1 for alleged wrongful commitment to a state mental institution. The district court granted a defense motion to dismiss on the grounds that the acts complained of constituted a judicial function rather than a ministerial function and therefore under...

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