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ENDICOTT v. VAN PETTEN

No. W-4432.

330 F.Supp. 878 (1971)

Gilbert ENDICOTT, Plaintiff, v. L. L. VAN PETTEN, Superintendent of Unified School District 260, et al., Defendants.

United States District Court, D. Kansas.

August 12, 1971.

Attorney(s) appearing for the Case

Ward D. Martin, Crane, Martin, Claussen & Ashworth, Topeka, Kan., for plaintiff.

Robert C. Foulston, Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., Griffith & Mize, Derby, Kan., for defendants.

MEMORANDUM AND ORDER DENYING DEFENDANTS' MOTION TO DISMISS

THEIS, District Judge.

The captioned case is presently before the Court on defendants' motion to dismiss for the reason that plaintiff's complaint fails to state a claim for which relief can be granted. Pursuant to Rule 12(b), Federal Rules of Civil Procedure, 28 U.S.C., the Court will treat the motion as one for summary judgment and dispose of the same as provided in Rule 56, Federal Rules of Civil...

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