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COLE v. GRAY

No. 79-1692.

638 F.2d 804 (1981)

William R. COLE, Plaintiff-Appellee-Cross Appellant, v. Henry B. GRAY, III, Etc. et al., Defendants-Cross Appellees. Fred R. Jones, Individually and as State Senator and Alvin Holmes, Etc., Defendants-Appellants-Cross Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 31, 1981.

Attorney(s) appearing for the Case

Albert W. Copeland, William B. Moore, Jr., Charles A. Graddick, Atty. Gen. of Ala., Sarah M. Greenhaw, Asst. Atty. Gen., Robert D. Segall, Montgomery, Ala., for defendants-appellants-cross appellees.

Alvin T. Prestwood, Claude P. Rosser, Jr., Montgomery, Ala., W. Michael Young, Cullman, Ala., for William R. Cole.

John Matthews, Deputy Asst. Judge Advocate, Litigation Div., Dept. of Army, Washington, D. C., Charles M. Crook, Montgomery, Ala., for Henry B. Gray, III, et al.

Before VANCE and GARZA, Circuit Judges and ALLGOOD, District Judge.

Rehearing and Rehearing En Banc Denied March 31, 1981.

GARZA, Circuit Judge:

This litigation arises from a series of state and federal investigations of wrong-doing by personnel within the Military Department of the State of Alabama. Among the subjects of inquiry was plaintiff-appellant William Cole, a colonel in the Alabama Army National Guard and chief of one of the military department's divisions. After the investigatory dust had settled, Cole brought this...

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