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HAWKINS v. NATIONAL COLLEGIATE ATHLETIC ASS'N

No. 86-1246.

652 F.Supp. 602 (1987)

Hersey HAWKINS, Gregory Jones, Wilbon Perry, Jerry Thomas, Paul Wilson, Anthony Manual, and Lawrence Y. O'Reilly, Plaintiffs, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, an unincorporated association, Defendant.

United States District Court, C.D. Illinois, Peoria Division.

January 30, 1987.

Attorney(s) appearing for the Case

James M. Rochford and Kevin Sommer, Peoria, Ill., for plaintiffs.

Janet L. Jannusch, Peoria, Ill., George Gangwere, Jr., Kansas City, Mo., for defendant.

ORDER

MIHM, District Judge.

Presently before this Court is Defendant's Motion to Dismiss, or in the alternative for Summary Judgment pursuant to Federal Rules of Civil Procedure 12 and 56. Section 12(b)(6) provides:

"(I)f, on a motion asserting the defense number (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, the motion shall...

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