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HESS v. MISSOURI PACIFIC R. CO.

No. 86-3389.

657 F.Supp. 1066 (1987)

Gerald E. HESS, Plaintiff-Respondent, v. MISSOURI PACIFIC RAILROAD COMPANY, Defendant-Petitioner.

United States District Court, S.D. Illinois.

April 3, 1987.

Attorney(s) appearing for the Case

Marshall Smith, East Alton, Ill., for plaintiff-respondent.

James Cook, Belleville, Ill., for defendant-petitioner.

MEMORANDUM AND ORDER

STIEHL, District Judge:

Before the Court is a Motion to Dismiss plaintiff's Amended Complaint pursuant to Fed.R.Civ.P. 12(b)(6). Plaintiff, Gerald E. Hess, seeks relief pursuant to Ill.Rev.Stat. 1985, ch. 110, ¶ 13-202, alleging that defendant caused a malicious prosecution against plaintiff.

To sustain a dismissal of a complaint under Fed.R.Civ.P. 12(b)(6), the court must take all well-pleaded allegations as true and construe...

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