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LONG v. HODGES

87-792.

539 So.2d 238 (1989)

Mildred LONG, as Personal Representative of the Estate of Lelia Harrell Long, deceased v. Dr. James P. HODGES, et al.

Supreme Court of Alabama.

As Modified April 12, 1989.

Attorney(s) appearing for the Case

William W. Smith and Robert D. Word, III, of Hogan, Smith, Alspaugh, Samples & Pratt, Birmingham, for appellant.

Randal H. Sellers and Mark Christopher Eagan of Starnes & Atchison, Birmingham, for appellee James P. Hodges, M.D.

Stanley A. Cash of Huie, Fernambucq & Stewart, Birmingham, for appellees Dorothy M. Kelly Layton, Marguerite Beck Bailey, Gwendolyn A. Gooden McKinney Nichols, Florence Harris Myrics, and Lena M. Johnson Pace.

As Modified Ex Mero Motu April 12, 1989.

JONES, Justice.

The dispositive issue raised by this appeal is whether the plaintiff's wrongful death action, brought pursuant to 42 U.S.C. § 1983, is time-barred by the Alabama Wrongful Death Act's two-year period of limitations, or whether it is timely under the federal statute, as judicially interpreted.1 The trial court held the action time barred. We agree and affirm.

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