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CARTER v. MONTGOMERY

No. 84-8351.

769 F.2d 1537 (1985)

Oscar V. CARTER, Sr., Petitioner-Appellant, v. Charles MONTGOMERY, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 3, 1985.

Attorney(s) appearing for the Case

Roy Paul, (court appointed), Savannah, Ga., for petitioner-appellant.

Mary Beth Westmoreland, Atlanta, Ga., for respondent-appellee.

Before JOHNSON and HATCHETT, Circuit Judges, and LYNNE, District Judge.

JOHNSON, Circuit Judge:

I. STATEMENT OF THE CASE

A. The Facts

At approximately 1:38 a.m. on the morning of November 4, 1977, the Ware County Sheriff's Department received a call from Oscar Carter. Carter asked that a deputy sheriff be sent to his address because of a shooting there. The operator who received the call sent deputies and an ambulance to Carter's address. Upon their arrival at Carter's mobile...

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