McALPIN v. CITY OF DECATUR

1921026.

628 So.2d 611 (1993)

Charles McALPIN v. CITY OF DECATUR, Alabama, et al.

Supreme Court of Alabama.

November 24, 1993.


Attorney(s) appearing for the Case

J. Allen Brinkley of Brinkley Chesnut & Aldridge, Earl D. McNeal, Huntsville, for appellant.

A.J. Coleman and Jon R. Sedlak of Coleman & Sedlak, Decatur, for City of Decatur.

James R. Shaw and T. Kelly May of Huie, Fernambucq & Stewart, Birmingham, for Morgan County, Ala., and Walter G. Price.

Nicholas B. Roth and Jenny McLeroy of Eyster, Key, Tubb, Weaver & Roth, Decatur, for Michael Anthony Pettey.


MADDOX, Justice.

The plaintiff appeals from a summary judgment for the defendants in a case alleging civil conspiracy, trespass, burglary, theft, and violation of civil rights. The issues are (1) whether the trial court erred in excluding the deposition testimony of informant John Mitchell on the ground that it was inconsistent with his prior affidavit and if so, then (2) whether that deposition, taken with the other evidence, provided substantial evidence in support...

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