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SELL v. PRICE

No. C-3-80-52.

527 F.Supp. 114 (1981)

Thelma M. SELL, Plaintiff, v. Charles E. PRICE, et al., Defendants.

United States District Court, S. D. Ohio, W. D.

October 16, 1981.

Attorney(s) appearing for the Case

Rudy Wehner, Dayton, Ohio, for plaintiff.

W. McGregor Dixon, Jr., Troy, Ohio, for defendants Price & City of Troy.

Craig Denmead, Columbus, Ohio, for defendant Kar Gard Muffler Centers.

DECISION AND ENTRY ADOPTING REPORT OF MAGISTRATE IN ITS ENTIRETY

RICE, District Judge.

The captioned cause is before this Court upon motions to dismiss by Defendants Charles E. Price and the City of Troy, and by Defendant Kar Gard Muffler Centers of Ohio, Inc. (Kar Gard). Three grounds are alleged, to wit:

1. This Court lacks subject matter jurisdiction over the cause of action; 2. The complaint fails to state a claim upon which relief...

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