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O'NEAL BY BOYD v. ALABAMA DEPT. OF PUBLIC HEALTH

Civ. A. No. 92-D-633-N.

826 F.Supp. 1368 (1993)

Sue B. O'NEAL, by her brother and next friend, Coleman BOYD; Esther Thrailkill, by her son and next friend, John G. Thrailkill, Plaintiffs v. ALABAMA DEPARTMENT OF PUBLIC HEALTH; Claude Earl Fox, individually and in his official capacity as State Health Officer, Alabama Department of Public Health; Quality Living, Inc., an Alabama corporation, Defendants.

United States District Court, M.D. Alabama, N.D.

June 22, 1993.

Attorney(s) appearing for the Case

W. Wayne Sabel, Montgomery, AL, for plaintiffs.

Patricia E. Ivie, AL Dept. of Public Health, Montgomery, AL, for defendants AL Dept. of Public Health and Fox.

Edward Still, Birmingham, AL, for defendant Quality Living.

MEMORANDUM OPINION

DE MENT, District Judge.

Now before the court is defendants' motion for partial summary judgment, filed December 14, 1992. The plaintiffs responded January 8, 1993. Jurisdiction is proper under 28 U.S.C. § 1331. Personal jurisdiction and venue are uncontested.

FACTS

Plaintiff Sue B. O'Neal, an 82-year-old woman, and plaintiff Thrailkill, and 88-year-old woman, both have Alzheimer's Disease. Defendant Quality Living...

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