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EVANSVILLE BRANCH NAACP v. SIMCOX

No. EV 85-51-C.

624 F.Supp. 162 (1985)

EVANSVILLE BRANCH NAACP, Constance Clemmons, Lana Burton and Inez Vick, Plaintiffs, v. Edward J. SIMCOX, Secretary of State, State of Indiana, Defendant.

United States District Court, S.D. Indiana, Evansville Division.

October 21, 1985.

Attorney(s) appearing for the Case

Grover G. Hankins, Michael H. Sussman, Charles F. Sanders, Asst. Gen. Counsel, NAACP Special Contribution Fund, Brooklyn, N.Y., and Franklin Breckenridge, Elkhardt, Ind., Dennis Hayes, Indianapolis, Ind., for plaintiffs.

Arthur Thaddeus Perry, Deputy Atty. Gen., Indianapolis, Ind., for defendant.

ORDER

BROOKS, District Judge.

This matter is before the Court upon the motion of the defendant, Edwin J. Simcox, to dismiss this action pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted, or in the alternative for summary judgment pursuant to Rule 56 Federal Rules of Civil Procedure. Both parties have submitted briefs to the Court outlining their respective positions and the Court now...

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