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MORRISON v. WASHINGTON COUNTY, ALA.

Civ. A. No. 79-0632-H.

521 F.Supp. 947 (1981)

Bertha MORRISON, etc., Plaintiff, v. WASHINGTON COUNTY, ALABAMA, et al., Defendants.

United States District Court, S. D. Alabama, S. D.

September 3, 1981.

Attorney(s) appearing for the Case

Larry T. Menefee & J. U. Blacksher, Mobile, Ala. and Jack Drake, University, Ala., for plaintiff.

Walter M. Cook and Mack B. Binion, Mobile, Ala., for Washington County Hospital Ass'n, Inc.

Peter V. Sintz and Robert C. Campbell, III, Mobile, Ala., for Washington County, Turner, Sullivan, Carpenter, Deas, Armstrong and Wheat.

James J. Duffy, Jr. and Carroll H. Sullivan, Mobile, Ala., for Dr. Paul Petcher.

ORDER

HAND, Chief Judge.

On July 13, 1981 the trial of this case to a jury commenced. Only two defendants remained in the case. The two were Dr. Paul Petcher and Sheriff William Wheat. The claim against Dr. Paul Petcher was a state-law claim for wrongful death. The claims against Sheriff William Wheat arose under 42 U.S.C. § 1983 and Alabama's Wrongful Death statute.

By the second day of the trial, July 14, 1981, the plaintiff had called her...

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