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BENEFIELD EX REL. BENEFIELD v. BOARD OF TRUSTEES

No. CV-02-J-734-S.

214 F.Supp.2d 1212 (2002)

Brittany BENEFIELD, a minor, suing By and Through her mother, Jacqueline BENEFIELD, Plaintiff, v. The BOARD OF TRUSTEES OF the UNIVERSITY OF ALABAMA AT BIRMINGHAM, Defendant.

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

July 22, 2002.

Attorney(s) appearing for the Case

John F. Whitaker, Sadler Sullivan, PC, Birmingham, AL, Terrence F. Dytrych, PA, North Palm Beach, FL, for Plaintiff.

W. Stancil Starnes, Laura H. Peck, Starnes & Atchison, LLP, Birmingham, AL, for Defendant.

Alice H. Martin, U.S. Attorney, U.S. Attorney's Office, Birmingham, AL, Michael Maurer, Ralph F. Boyd, U.S. Department of Justice — Civil Rights Division, Washington, DC, for Movant.

MEMORANDUM OPINION

JOHNSON, District Judge.

This case comes before the court on the defendant's motion to dismiss (doc. 5) and motion to strike claim for punitive damages (doc. 6). The court held a hearing on these motions on May 29, 2002 at which both parties were present and represented by their respective counsel. The court heard arguments and has considered the pending motions, the argument and the memoranda of law submitted by the parties.

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