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CESCON v. DOVE

Civ. A. No. 92-1979.

792 F.Supp. 998 (1992)

Joseph Peter CESCON v. Glen DOVE.

United States District Court, E.D. Pennsylvania.

June 22, 1992.

Attorney(s) appearing for the Case

Edward E. Kopko, Pottsville, Pa., for plaintiff.

Jeffrey L. Schmehl, Rhoda, Stoudt & Bradley, Reading, Pa., for defendant.

OPINION

CAHN, District Judge.

This lawsuit seeks to place the Pottsville Police Department, and indeed every police department, on the horns of an intractable dilemma. The defendant, a Pottsville Police Officer, has asked the court to resolve the dilemma by cutting off one of the horns pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons set forth below, the court will do so.

When ruling on a 12(b)(6) Motion, the court

must accept as true...

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