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SIMMONS v. FRANK

Civ. A. No. 88-508-N.

731 F.Supp. 1289 (1989)

Arthur R. SIMMONS, Plaintiff, v. Anthony M. FRANK, etc., Defendant.

United States District Court, E.D. Virginia, Norfolk Division.

July 7, 1989.

ORDER

CLARKE, District Judge.

This matter comes before the Court on the Motion of the defendant to dismiss pursuant to Rules 8(c) and 12(b)(6) of the Federal Rules of Civil Procedure or in the alternative to grant summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.

A review of the Court's file, including the allegations in the Complaint and the plaintiff's factual contentions in the Order on Final Pretrial Conference, establishes...

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