ELLISON v. COCKE COUNTY, TENN.

No. 94-5577.

63 F.3d 467 (1995)

Rick R. ELLISON, Plaintiff-Appellant, v. COCKE COUNTY, TENNESSEE and David Kickliter, M.D., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 24, 1995.


Attorney(s) appearing for the Case

Thomas M. Leveille (briefed), Knoxville, TN, for Rick R. Ellison.

Robert H. Watson, Jr. (briefed), Watson, Hollow & Reeves, Knoxville, TN, for Cocke County.

M. Lacy West (briefed), Julia C. West (briefed), West & Rose, Kingsport, TN, for David J. Kickliter, M.D.

Before: MARTIN and RYAN, Circuit Judges; GILMORE, District Judge.


MARTIN, J., delivered the opinion of the court, in which GILMORE, District Judge, joined. RYAN, J. (pp. 472-73), delivered a separate opinion concurring in the result.

BOYCE F. MARTIN, JR., Circuit Judge.

Rick R. Ellison appeals the district court order granting the defendants' motion to dismiss for failure to state a claim upon which relief can be granted. He contends that the district court erred in determining that 42 U.S.C. § 290ee-3 (now codified...

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