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WHITTINGTON v. MILBY

No. 89-6394.

928 F.2d 188 (1991)

Kristen Clark WHITTINGTON, Plaintiff-Appellant, v. Robert L. MILBY, Marcia Milby Ridings, Charles Luker, Elmer Cunnagin, Danny Evans, and Commonwealth of Kentucky Cabinet for Human Resources, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 14, 1991.

Rehearing and Rehearing Denied April 24, 1991.

Attorney(s) appearing for the Case

Kristen Clark Whittington, James E. Morreau, Jr. (argued), Louisville, Ky., for plaintiff-appellant.

Elizabeth U. Mendel (argued), Woodward, Hobson & Fulton, Louisville, Ky., Willis C. Cunnagin, London, Ky., Robert V. Bullock, Asst. Atty. Gen., Office of the Atty. Gen. of Kentucky, Ryan M. Halloran, Gen. Counsel, Trisha Zeller James, Autumn F. Corns, Cabinet for Human Resources, Office of the Counsel, Frankfort, Ky., for defendants-appellees.

Before NELSON and RYAN, Circuit Judges, and LIVELY, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied April 24, 1991.

PER CURIAM.

This action incorporates a claim under 42 U.S.C. § 1983 and pendent claims under Kentucky tort law. The district court dismissed the case with prejudice on statute of limitations grounds. We shall affirm the dismissal of the § 1983 claim, albeit on other grounds, and we shall direct that the dismissal of the pendent state-law claims be made without prejudice.

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