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CRYMES v. DEKALB COUNTY, GA.

No. 89-8961.

923 F.2d 1482 (1991)

Marion C. CRYMES, and Crymes Enterprises, Inc., Plaintiffs-Appellees, v. DEKALB COUNTY, GEORGIA; Manuel J. Maloof, Individually and as Chief Executive Officer of DeKalb County, Georgia; Jack L. Smith, Individually and as Associate Director of Public Works — Development Department, DeKalb County, Georgia; and Richard P. Daniel, Individually and Associate Director of Public Works, Roads and Drainage, DeKalb County, Georgia; James Pierce, Individually and as the Development Director, DeKalb County, Georgia; Jean E. Williams, Sherry Sutton, Nathaniel Mosby, Robert J. Morris, John S. Fletcher, Jr., Brince H. Manning, III and Robert E. Lanier, Individually and as Members of the Board of Commissioners of DeKalb County, Georgia, Defendants-Appellants, Annie Collins, Defendant.

United States Court of Appeals, Eleventh Circuit.

February 19, 1991.

Attorney(s) appearing for the Case

Albert Sidney Johnson, DeKalb County Atty., Decatur, Ga., Susan Cole Mullis, Johnson & Montgomery, Atlanta, Ga., for defendants-appellants.

David H. Flint, Susan Holly Sarch, Schreeder Wheeler & Flint, Atlanta, Ga., for plaintiffs-appellees.

Before KRAVITCH and ANDERSON, Circuit Judges, and LYNNE, Senior District Judge.

PER CURIAM:

The procedural posture of the instant case, an interlocutory appeal from a partial denial of appellants' motion to dismiss the complaint, requires that we accept the facts as stated in plaintiffs-appellees' complaint, as amended. Parr v. Woodmen of the World Life Ins. Co., 791 F.2d 888 (11th Cir.1986). Accordingly, the facts are as follows:

Plaintiff-Appellees Marion C. Crymes, et al. ("Crymes") are owners...

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