DUKE v. JAMES

No. 81-7970.

713 F.2d 1506 (1983)

Billy W. DUKE, Plaintiff-Appellant, v. Fob JAMES, Governor of the State of Alabama; Charles Graddick, Attorney General of the State of Alabama; et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 9, 1983.


Attorney(s) appearing for the Case

John D. Stuebing, Joseph E. Carr, IV, Mobile, Ala., for plaintiff-appellant.

Susan Beth Farmer, Asst. Atty. Gen., Montgomery, Ala., for defendants-appellees.

Before GODBOLD, Chief Judge, FAY and SMITH, Circuit Judges.


EDWARD S. SMITH, Circuit Judge:

This appeal is from the October 29, 1981, judgment of the United States District Court for the Southern District of Alabama dismissing without prejudice appellant's cause of action under 42 U.S.C. § 1983 (1976). Judgment was entered in accordance with the magistrate's recommendation that appellees' motion to dismiss be granted because appellant failed to exhaust his state administrative remedies and upon the ground of Pullman...

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