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URBAN v. KING

Civ. A. No. 91-2317-V.

783 F.Supp. 560 (1992)

Derreck Lee URBAN, et al., Plaintiffs, v. William T. KING, M.D., et al., Defendants.

United States District Court, D. Kansas.

January 7, 1992.

Attorney(s) appearing for the Case

Michael S. Holland, Russell, Kan., for plaintiffs.

Harry M. Bleeker, Turner & Boisseau, Chtd., Great Bend, Kan., Michael R. O'Neal, Gilliland & Hayes, P.A., Kenneth E. Peirce, Reynolds, Peirce, Forker, Suter & Rose, Hutchinson, Kan., Darrell D. Kellogg, Kahrs, Nelson, Fanning, Hite & Kellogg, Steven C. Day, Woodard, Blaylock, Hernandez, Pilgreen & Roth, Wichita, Kan., for defendants.

MEMORANDUM AND ORDER

VAN BEBBER, District Judge.

Defendant Jay S. Shukman, M.D., has moved the court (Doc. 19) to dismiss plaintiffs' complaint for lack of subject matter jurisdiction. Fed.R.Civ.P. 12(b)(1). However, the motion to dismiss is actually one for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6), and the court will consider it as such. For the reasons stated below, the motion is granted in part and denied in part...

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