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MURPHY v. DYER

Civ. A. No. 66-C-264.

260 F.Supp. 822 (1966)

Cyrilla MURPHY and George H. Murphy, Plaintiffs, v. Harold L. DYER, Defendant.

United States District Court D. Colorado.

September 2, 1966.

Attorney(s) appearing for the Case

Paul Barber, Colorado Springs, Colo., for plaintiffs.

Weller, Friedrich & Hickisch, by William H. Hazlitt and Arthur H. Downey, Denver, Colo., for defendant.

MEMORANDUM OPINION AND ORDER

ARRAJ, Chief Judge.

Defendant has moved to dismiss the complaint for failure to state a claim upon which relief can be granted. The motion is predicated on the assertion that the complaint reveals on its face that the statute of limitations has run.

In their memorandum in opposition to defendant's motion to dismiss, plaintiffs urge that the statute of limitations "is not a grounds for a motion to dismiss for failure to...

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