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JAMES EMORY, INC. v. TWIGGS COUNTY, GA.

Civ. A. No. 94-273-3-MAC (WDO).

883 F.Supp. 1546 (1995)

JAMES EMORY, INC., Plaintiff, v. TWIGGS COUNTY, GA., et al., Defendants.

United States District Court, M.D. Georgia, Macon Division.

May 10, 1995.

Attorney(s) appearing for the Case

John Wayne Crowley, Michelle Lee Schieber, Macon, GA, for James Emory, Inc.

Mitchel P. House, Jr., Brian J. Passante, Macon, GA, for Twiggs County, GA, Twiggs County Bd. of Com'rs, William E. Hamrick, III, M. Opal Chance, Bobby Stripling, Tommie L. Bryant, and William Bond.

Theodore Freeman, Atlanta, Mitchel P. House, Jr., Macon, GA, Joseph Alexander Boone, Irwinton, GA, Philip W. Savrin, Atlanta, GA, for Wilkinson, GA, Wilkinson County Bd. of Com'rs, Jim Howell, William Frank Bloodworth, Kenneth L. Turner, John Williams, and W.E. Williams.

ORDER

OWENS, District Judge.

Before the court is the Twiggs County defendants' motion for summary judgment. Defendants' motion was initially couched in the form of a dismissal pursuant to Federal Rule of Civil Procedure ("FED.R.CIV.P.") 12(b). Alternatively, defendants sought a determination of the status of plaintiff's claims under FED.R.CIV.P. 56, allowing courts to award summary judgment. Because matters outside of the pleadings would necessarily...

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