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C.A. v. LOWNDES COUNTY DEPT. OF FAMILY & CHILDREN

No. 1:99CV162-D-D

93 F.Supp.2d 744 (2000)

C.A., et al., Plaintiffs, v. LOWNDES COUNTY DEPARTMENT OF FAMILY AND CHILDREN SERVICES, et al., Defendants.

United States District Court, N.D. Mississippi, Eastern Division.

March 13, 2000.

Attorney(s) appearing for the Case

David E. Rozier, Jr., Rozier Law Firm, P.C., Jackson, MS, for plaintiffs.

Maudine Gatlin Eckford, Mississippi Atty. General's Office, Jackson, MS, for Lowndes County Dept. of Family and Children Services, Donna Reeves, Janice Stockman, Tessa Hannah, defendant.

H. Lee Morrison, Jr., Tubb, Stevens & Morrison, West Point, MS, for Sally Kate Winters Memorial Children's Home, defendant.

OPINION

DAVIDSON, District Judge.

Presently before the court is the motion of the State Defendants1 to dismiss this action pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, or in the alternative, for summary judgment. Upon due consideration, the court finds that the motion should be granted.

A. Factual Background

In the spring of 1996, the Lowndes County Department of Public Welfare...

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