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WEBB v. STATE OF ALA., DEPT. OF PENSIONS AND SEC.

No. 87-7497.

850 F.2d 1518 (1988)

Wendell WEBB, Plaintiff-Appellant, v. STATE OF ALABAMA, DEPARTMENT OF PENSIONS AND SECURITY; Lee County Department of Pensions and Security, Defendants, Leon Frazier, Director; James Slaughter, Director, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 2, 1988.

Attorney(s) appearing for the Case

Margaret Y. Brown, Auburn, Ala., for plaintiff-appellant.

James E. Long, State Dept. of Human Resources, William Prendergast, Montgomery, Ala., for defendants-appellees.

Before JOHNSON and HATCHETT, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

JOHNSON, Circuit Judge:

This action is brought under 42 U.S.C.A. § 1983. The district court first abstained from ruling to await the conclusion of state proceedings. The Alabama Supreme Court rendered judgment adversely to the plaintiff, Wendell Webb, and the defendants moved the district court for summary judgment on grounds of res judicata or collateral estoppel. The summary judgment motion was granted on April 9, 1987. We reverse the summary judgment because...

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