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BRADBERRY v. PINELLAS COUNTY

No. 85-3535.

789 F.2d 1513 (1986)

Louella T. BRADBERRY, Individually and as Personal Representative of the Estate of Kenny Ray Thomas, deceased, et al., Plaintiffs-Appellants, v. PINELLAS COUNTY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 23, 1986.

Attorney(s) appearing for the Case

Joseph C. Whitelock, St. Petersburg, Fla., for plaintiffs-appellants.

Joseph H. Saunders, Asst. Co. Atty., Clearwater, Fla., for defendant-appellee.

Before HILL, Circuit Judge, HENDERSON and BROWN, Senior Circuit Judges.

HENDERSON, Senior Circuit Judge:

This appeal involves yet another attempt to litigate a state law tort claim in federal court under the guise of a suit brought pursuant to the provisions of 42 U.S.C. § 1983. The district court dismissed this case for failure to state a claim upon which relief could be granted. Fed.R.Civ.Pro. 12(b)(6). We affirm the district court's dismissal but for reasons different than those stated by that court.

On September 5, 1983...

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