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BOREK v. TOWN OF McLEANSBORO

Civ. No. 85-4087.

629 F.Supp. 657 (1986)

Tom BOREK, Plaintiff, v. The TOWN OF McLEANSBORO, and John Engel, Supervisor and Trustee of the Town of McLeansboro, Defendants.

United States District Court, S.D. Illinois, Benton Division.

March 5, 1986.

Attorney(s) appearing for the Case

Samuel H. Liberman, Clayton, Mo., and Bruce Goldstein, Edwardsville, Ill., for plaintiff.

Elmer Jenkins, Benton, Ill., for defendants.

MEMORANDUM AND ORDER

FOREMAN, Chief Judge:

Before the Court is the defendants' Motion to Dismiss plaintiff's amended complaint. In reviewing the plaintiff's complaint, all well-pleaded allegations must be taken as true Wolfolk v. Rivera, 729 F.2d 1114, 1116 (7th Cir.1984). Dismissal is appropriate only if it "appears beyond a reasonable doubt that plaintiff can prove no set of facts in support of his claim which would...

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