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UNITED STATES FIDELITY AND GUARANTY CO. v. BASS

No. 77-3088.

619 F.2d 1057 (1980)

UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation, Plaintiff-Appellee, v. Ray D. BASS, as Highway Director, State of Alabama Highway Dept., and Mrs. Melba Till Allen, State Treasurer, State of Alabama, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 25, 1980.

Attorney(s) appearing for the Case

Lucian L. Smith, Jr., Montgomery, Ala., for Bass and Allen.

William J. Baxley, Atty. Gen., Montgomery, Ala., for Allen.

James W. Garrett, Jr., Watkins C. Johnston, James T. Upchurch, III, Montgomery, Ala., for plaintiff-appellee.

Before TUTTLE, VANCE and KRAVITCH, Circuit Judges.

VANCE, Circuit Judge:

Two state executive officials appeal adverse money judgments for tortious conversion through erroneous disbursement of state funds by other state employees without defendants' participation or knowledge. We hold that under Alabama law an action for conversion does not lie and public officials may not be held individually liable for their subordinates' unauthorized actions. We therefore reverse the district court.

I.

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