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MILLS v. LEATH

Civ. A. No. 4:88-2483-15.

709 F.Supp. 671 (1988)

James D. MILLS, Plaintiff, v. Thomas E. LEATH, Individually and as City Manager for the City of Myrtle Beach, J. Stanley Bird, John Barrow, Robert Henniger, Individually and in Their Capacities as Agents, Servants, or Employees of the City of Myrtle Beach, and the City of Myrtle Beach, Defendants.

United States District Court, D. South Carolina, Florence Division.

November 4, 1988.

Attorney(s) appearing for the Case

John R. Clarke and Randall K. Mullins, North Myrtle Beach, S.C., for plaintiff.

Vance J. Bettis, Gignilliat, Savitz & Bettis, Columbia, S.C., for defendants.

ORDER

HAMILTON, District Judge.

This case arises out of plaintiff's termination from employment as a police officer on June 29, 1988. The matter is presently before the court on defendants' motion to dismiss, Rule 12(b)(6), Fed.R.Civ.Proc., or in the alternative for summary judgment. Rule 56, Fed.R.Civ.Proc. The court has jurisdiction pursuant to 28 U.S.C. § 1331.1 The court has concluded that defendants' motion for summary...

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