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JERVEY v. MARTIN

Civ. A. No. 69-C-49-R.

336 F.Supp. 1350 (1972)

Dr. Edward D. JERVEY, Plaintiff, v. Charles K. MARTIN, Jr., et al., Defendants.

United States District Court, W. D. Virginia, Roanoke Division.

January 10, 1972.

Attorney(s) appearing for the Case

Philip J. Hirschkop, Cohen, Hirschkop, Hall & Johnson, Alexandria, Va., John M. Goldsmith, Max Jenkins, Goldsmith & Jenkins, Radford, Va., and John C. Lowe, Esq., Charlottesville, Va., for plaintiff.

John B. Spiers, Jr., Spiers, Spiers & Mink, Radford, Va., and E. Milton Farley, III, Robert F. Brooks, Hunton, Williams, Gay & Gibson, Richmond, Va., for defendants.

OPINION and JUDGMENT

DALTON, District Judge.

ORDER ON RULING ON THE DEFENDANTS' MOTION TO DISMISS

The defendants, Charles K. Martin, Jr. and the members of the Board of Visitors of Radford College, request this court to enter an order dismissing the plaintiff's amended complaint.

In support of their motion for dismissal the defendants assert five different grounds which may be summarized as follows: (1) that the complaint fails to state...

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