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WYATT v. COLE

Civ. A. No. J87-0421(B).

710 F.Supp. 180 (1989)

Howard L. WYATT, Plaintiff, v. Bill COLE, John Robbins, II, J.B. Torrence, Rankin County, Mississippi; Lloyd S. Jones; Wiley Magee; Cindy Jenson; Ernest E. Smith; Simpson County, Mississippi; Ray Roberts; and The State of Mississippi, Defendants.

United States District Court, S.D. Mississippi, Jackson Division.

April 13, 1989.

Attorney(s) appearing for the Case

Douglas M. Magee, Mendenhall, Miss., Jim Waide, Tupelo, Miss., for plaintiff.

John Robbins, II, Brandon, Miss., Jerome B. Steen, Whitman B. Johnson, III, Edward J. Currie, Jr., Jackson, Miss., Terrell Stubbs, Mendenhall, Miss., Bruce B. Smith, Magee, Miss., Wayne E. Ferrell, Jr., Leslie Scott, Asst. Atty. Gen., Scott Levanway, Jackson, Miss., for defendants.

MEMORANDUM OPINION AND ORDER

BARBOUR, District Judge.

The Court has before it various motions to dismiss and for summary judgment submitted by the Plaintiff and Defendants. The Court reads the pending motions to dismiss as motions for summary judgment pursuant to Federal Rule of Civil Procedure 12(b). The defenses and claims presented are each intertwined with the claim of the Plaintiff for a declaration that the replevin with bond statute of the State of...

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