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MERMELSTEIN v. HANER

Civ. A. No. 76-0261.

436 F.Supp. 238 (1977)

Lothar MERMELSTEIN, Plaintiff, v. Byron E. HANER, Defendant.

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

August 2, 1977.

Attorney(s) appearing for the Case

Fergus B. Norton, Roanoke, Va., for plaintiff.

William R. Rakes, Gentry, Locke, Rakes & Moore, Roanoke, Va., for defendant.

MEMORANDUM OPINION AND JUDGMENT

DALTON, District Judge.

This action is currently before the court on defendant's motion to dismiss plaintiff's complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure. Both parties to this action presented various memoranda, affidavits, depositions, and exhibits in support of their respective positions. Accordingly, the court now considers defendant's motion as one for summary judgment under Rule 56 of the...

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