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STROTHMAN v. GEFREH

No. 82-K-32.

552 F.Supp. 41 (1982)

Frederick B. STROTHMAN, Plaintiff, v. Adam GEFREH; Richard Paynter; Arthur Bleecher; Carl Panzarella; Marvin Harmatz; Jack Bunten; and John Wilcox, Defendants.

United States District Court, D. Colorado.

December 14, 1982.

Attorney(s) appearing for the Case

David S. Yost, Denver, Colo., for plaintiff.

Robert N. Miller, U.S. Atty., and Nancy E. Rice, Asst. U.S. Atty., Denver, Colo., for defendants.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

This is a motion to dismiss pursuant to Rule 12(b)(6), F.R.Civ.P., or in the alternative a motion for summary judgment, pursuant to Rule 56(b), F.R.Civ.P. Rule 12(b) states in part:

If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court...

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