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HARDIN v. CITY OF GADSDEN

Civ. A. No. 89-C-2164-M.

821 F.Supp. 1446 (1993)

Josephine HARDIN, individually and as Administratrix of the Estate of Edie L. Houseal, Deceased, Plaintiff, v. CITY OF GADSDEN, Defendant.

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

May 19, 1993.

Attorney(s) appearing for the Case

Robert M. Shipman, Earl D. McNeal, Huntsville, AL, for Josephine Hardin.

Don G. DeCoudres, Birmingham, AL, Donald R. Rhea, Gadsden, AL, for James Hayes, Sheriff of Etowah County.

Don G. DeCoudres, Birmingham, AL, Jack Floyd, Floyd Keener Cusimano & Roberts, Gadsden, AL, for Robert Hitt, Marion T. Smith, Billy Ray McKee, Jesse F. Burns, W.A. Lutes, Lawrence Presley and Billy Ray Williams.

Julius F. Parker, Jr., Jennifer Parker LaVia, Parker Skelding Labasky & Corry, Tallahassee, FL, Roger W. Kirby, City of Gadsden, Legal Dept., Gadsden, AL, for John Morris and City of Gadsden.

Don G. DeCoudres, Birmingham, AL, for John Railey.

MEMORANDUM OF OPINION DENYING MOTION FOR RECUSAL

CLEMON, District Judge.

After the Court granted plaintiff's motion for a new trial, Attorney Julius F. Parker, representing the defendant City of Gadsden, then suggested in writing that the undersigned judge disqualify himself from further proceedings in this cause. The "suggestion" is ostensibly made because this judge has allegedly "... displayed an obvious bias in favor of the Plaintiff in this action...

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