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BISHOP v. MID-AMERICA AUTO AUCTION, INC.

No. 89-2029-S.

772 F.Supp. 565 (1991)

Ed BISHOP, Myrna Bishop, d/b/a Ed Bishop Auto Sales, Plaintiffs, v. MID-AMERICA AUTO AUCTION, INC., Bill Phillips and Jay Shrum d/b/a J & S Investments, Defendants.

United States District Court, D. Kansas.

August 20, 1991.

Attorney(s) appearing for the Case

Vivian B. Bliss, Legal Services for Students, University of Kansas, Lawrence, Kan., Bert S. Braud, Popham Law Firm, Kansas City, Mo., Bernard E. Brown, Law Office of Bernard E. Brown, Overland Park, Kan., for plaintiffs.

J.B. Craig, Moore, Graybill, Craig & Fuqua, John F. Reals, Houk & Reals, Ronald K. Badger, Wichita, Kan., for defendants.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on defendant Mid-America Auto Auction, Inc.'s ("Mid-America") motion to dismiss or for summary judgment, and defendants Bill Phillips' and Jay Shrum's motions to dismiss or for partial summary judgment. Because matters outside the pleadings have been presented, the motions will be treated as motions for summary judgment. Fed.R.Civ.P. 12(c).

As an initial matter, Mid-America...

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