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BOOKER v. CITY OF ATLANTA

Civ. A. No. C 83-1607 A.

586 F.Supp. 340 (1984)

Joseph C. BOOKER, d/b/a Booker Trucking Company, Plaintiff, v. CITY OF ATLANTA, F.M. Couvillion, and John Doe, Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

March 30, 1984.

Attorney(s) appearing for the Case

Clifford H. Hardwick, Atlanta, Ga., for plaintiff.

Marva Jones Brooks, Malcolm J. Hall, George R. Ference, Atlanta, Ga., for defendants.

ORDER

VINING, District Judge.

In this 42 U.S.C. § 1983 action the court in an opinion dated December 12, 1983, see Appendix, rejected as frivolous the two arguments offered by defendant City of Atlanta supporting the city's motion to dismiss. The city's argument which suggested that dismissal was appropriate because the city had not received ante litem notice of this suit as required by O.C.G.A. § 36-33-5 (1982) was particularly troubling...

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