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WEBB v. ETHRIDGE

No. 87-8716.

849 F.2d 546 (1988)

Gerald Fred WEBB, Plaintiff-Appellant, v. William P. ETHRIDGE and Charles Gay, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 13, 1988.

Attorney(s) appearing for the Case

Saxby Chambliss, Moultrie, Ga., for plaintiff-appellant.

Mary Mendel Katz, Harris, Watkins, Davis & Chambless, Barbara Holmes Robinson, Macon, Ga., for defendants-appellees.

Before KRAVITCH and CLARK, Circuit Judges, and NICHOLS, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

In this action filed pursuant to 42 U.S.C. § 1983, Gerald Webb alleged that police officers William Ethridge and Charles Gay unlawfully arrested him in violation of the fourth amendment. The district court concluded that there was no genuine issue of material fact and granted summary judgment for Ethridge and Gay. We reverse.

I.

On the morning of Wednesday, October 23, 1985, Mary Ann Webb was driving her

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