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STURTS v. CITY OF PHILADELPHIA

Civ. A. No. 81-1022.

529 F.Supp. 434 (1982)

Richard STURTS (formerly Inmate # 79-10369) v. CITY OF PHILADELPHIA, et al.

United States District Court, E. D. Pennsylvania.

January 6, 1982.

Attorney(s) appearing for the Case

Jeffrey M. Voluck, Philadelphia, Pa., for plaintiff.

Gerald T. Clark, Asst. City Sol., Philadelphia, Pa., for defendant.

MEMORANDUM

BECHTLE, District Judge.

On October 5, 1981, the Court entered an Order granting in part and denying in part defendants' motion to dismiss in this civil rights action brought under 42 U.S.C. § 1983 by a former prison inmate. The following Memorandum is entered in support of that Order.

A motion to dismiss under Fed.R.Civ.P. 12(b)(6) should be granted only where it appears that the plaintiff can prove no set of facts in support of...

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