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KREMER v. STEWART

Civ. A. No. 73-2679.

378 F.Supp. 1195 (1974)

I. Raymond KREMER and Eugene Frohlich, Plaintiffs, v. William STEWART et al., Defendants.

United States District Court, E. D. Pennsylvania.

May 29, 1974.

Attorney(s) appearing for the Case

I. Raymond Kremer, Philadelphia, Pa., for plaintiffs.

William P. Stewart, James D. Crawford, Philadelphia, Pa., for Shoyer and Jamieson.

MEMORANDUM AND ORDER

NEWCOMER, District Judge.

The present action is an action for deprivation of civil rights under 42 U.S. C. § 1983. The defendants have filed motions to dismiss, and have supported these motions with affidavits. Therefore, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, we shall treat defendants' motions to dismiss as motions for summary judgment under Rule 56.

The undisputed facts are as follows. In the Fall...

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