FLEMING v. ASBILL

No. 93-2238.

42 F.3d 886 (1994)

Todd Douglas FLEMING, individually and by his next friend Kenneth L. Fleming, Plaintiff-Appellant, and Kenneth L. Fleming, individually and on behalf of his son Todd Douglas Fleming, Plaintiff, v. Mary Ann ASBILL; John Earl Duncan, Defendants-Appellees, and South Carolina Department of Social Services; Mattie R. Hall; Brenton H. Hall; Brenton Lee Hall, a mature minor; Lexington County Department of Social Services, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided December 29, 1994.


Attorney(s) appearing for the Case

ARGUED: Calvin Allison Rouse, North Augusta, SC, for appellant. David Clifford Eckstrom, Nexsen, Pruet, Jacobs & Pollard, Columbia, SC, for appellee Asbill; Robert Charles Brown, Brown & Woods, Columbia, SC, for appellee Duncan. ON BRIEF: Donna M. Seegars, Brown & Woods, Columbia, SC, for appellee Duncan.

Before HALL, MURNAGHAN, and NIEMEYER, Circuit Judges.


Affirmed in part, reversed in part, and remanded by published opinion. Judge HALL wrote the opinion, in which Judge MURNAGHAN and Judge NIEMEYER joined.

OPINION

K.K. HALL, Circuit Judge:

Todd Fleming, through his next friend, his father Kenneth Fleming, appeals an order of the district court dismissing his complaint against his former guardian ad litem and an attorney for his maternal grandparents in a prior child custody battle.

I.

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