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GILMORE v. DAY

No. 00-A-1277-S.

125 F.Supp.2d 468 (2000)

Jonathan H. GILMORE, etc., et al., Plaintiffs, v. Hamp DAY, President, Debra E. Baxley, Vice-President, Jimmy Davis, Secretary, Ronnie Jackson, John A. Clark, Danny B. McNeil, Kip Justice, Nolan L. Laird, and Susan Grace, all Trustees of Wiregrass Electric Cooperative, in their own individual capacity, and in their representative capacity as Trustees of Wiregrass Electric Cooperative, Defendants.

United States District Court, M.D. Alabama, Southern Division.

December 7, 2000.

Attorney(s) appearing for the Case

Deborah Smith Seagle, Smith & Seagle, Dothan, AL, for Jonathan H. Gilmore, on his own behalf, and on behalf of the rural members of Wiregrass Electric Cooperative, and on the behalf of all the members of Wiregrass Electric Cooperative, plaintiff.

Edward M. Price, Jr., Farmer, Price, Hornsby & Weatherford, Dothan, AL, for Hamp Day, Debra E. Baxley, Jimmy Davis, Ronnie Jackson, John A. Clark, Danny B. McNeil, Kip Justice, Nolan L. Laird, Susan Grace, defendants.

MEMORANDUM OPINION

ALBRITTON, Chief Judge.

I. INTRODUCTION

This cause is before the court on a Motion to Dismiss (doc. # 12) for want of subject matter jurisdiction and for failure to state a claim upon which relief can be granted filed by Defendants Hamp Day, Debra Baxley, Jimmy Davis, Ronnie Jackson, John Clark, Danny McNeil, Kip Justice, Nolan Laird, and Susan Grace (collectively, "Defendants"), a Motion to Clarify...

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