MEMORANDUM
WOODWARD, Chief Judge.
The court has received and considered additional briefs from both parties regarding defendant-Elliott's motion to dismiss filed November 8, 1976. Although the court entered an order on December 7, 1976 in which the above motion to dismiss was to be carried along with the trial of this case on its merits, after carefully reviewing the recent United States Supreme Court decision of Stump, et al. v. Linda Kay Sparkman, et...
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