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GOLTHY v. ALABAMA

No. CIV.A. 02-A-808-N.

287 F.Supp.2d 1259 (2003)

Mary GOLTHY, as administratrix of the estate of Freddie Golthy, Jr., Plaintiff, v. The State of ALABAMA; the State of Alabama Department of Transportation; Bob Riley, as Governor in his official capacity; Bill Pryor, Attorney General of the State of Alabama in his official capacity, Jim R. Ippolito, in his individual and official capacity; Jerry Holt, in his individual and official capacity; Paul Bowlin, in his individual and official capacity; and Marvin Rowlin Graves, Defendants.

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

October 17, 2003.

Attorney(s) appearing for the Case

Samuel Fisher, Byron R. Perkins, Kell A. Simon, Edward McF. Johnson, Roderick Twain Cooks, Wiggins Childs Quinn & Pantanzis, PC, Birmingham, AL, for Plaintiff.

Laura Ellison Proctor, Lisa Wright Borden, Jason Michael Osborn, Baker Donelson Bearman Caldwell & Berkowitz PC, Birmingham, AL, Margaret L. Fleming, Sandra Ingram Speakman, Office of the Attorney General, Stacey S. Houston, Alabama Department of Transportation, Legal Division, Alice Ann Byrne, State Personnel Department, Montgomery, AL, for Defendants.

Marvin Roland Graves, Clio, AL, Pro se.

MEMORANDUM OPINION

ALBRITTON, Chief Judge.

I. INTRODUCTION

This cause is before the court on a Motion to Dismiss (Doc. # 35) filed by Defendants State of Alabama; State of Alabama Department of Transportation ("DOT"); Bob Riley ("Riley"), Governor of the State of Alabama in his official capacity; Bill Pryor ("Pryor"), Attorney General of the State of Alabama, in his official capacity; Jim R. Ippolito ("Ippolito"), in his official capacity...

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