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BENDIBURG v. DEMPSEY

Civ. A. No. 1:87-CV-1774-JOF.

707 F.Supp. 1318 (1989)

Harry A. BENDIBURG, Individually and as Administrator of the Estate of Carl Bendiburg, Deceased, Plaintiff, v. Pamela S. DEMPSEY; Sue Terry; Nancy J. Pendergraft, Individually and as Officials of the Cobb County Department of Family & Children Services; Cobb County Department of Family & Children Services; Nancy Harrison; Medical Personnel Pool of Atlanta, Inc.; Richard Cohen, M.D.; Klaus, Cohen & Weil, Drs., Orthopaedic Associates, P.C.; Baheeg Shadeed, M.D., Defendants.

United States District Court, N.D. Georgia, Atlanta Division.

January 5, 1989.

Attorney(s) appearing for the Case

Harold Dennis Corlew, Atlanta, Ga., for plaintiff.

William C. Joy, Victoria H. Tobin, Office of State Attorney General, Bruce McCord Edenfield, Hicks, Maloof & Campbell, Alan F. Herman, Freeman & Hawkins, J. Caleb Clarke, III, Culbreth & Clarke, Earl W. Gunn, Sidney F. Wheeler, Long, Weinberg, Ansley & Wheeler, Lawrie E. Demorest, Ralph Jerry Kirkpatrick Hart & Sullivan, Atlanta, Ga., for defendants.

ORDER

FORRESTER, District Judge.

This matter is before the court on defendants' motions for summary judgment. Fed.R.Civ.P. 56. These motions will be addressed following a detailed statement of the relevant facts.

I. STATEMENT OF FACTS.

A. The Parties.

Plaintiff Harry D. Bendiburg brings this action both in his individual capacity as well as in his capacity as administrator of the estate of his son, Carl Austin Bendiburg...

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