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KEATHLEY v. VITALE

Civ. A. No. 2:94cv798.

866 F.Supp. 272 (1994)

William O. KEATHLEY, Plaintiff, v. Joseph P. VITALE, et al., Defendants.

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

October 20, 1994.

Attorney(s) appearing for the Case

Jeffery L. Nuckolls, Basnight, Jones, Wright, Kinser and Telfeyan, Chesapeake, VA, for William O. Keathley.

Mark Douglas Stiles, Willcox & Savage, Norfolk, VA, for Joseph P. Vitale, William Mann, Dorothy Simmons, Frank Drew.

Lawrence Steven Emmert, Office of The City Atty., Virginia Beach, VA, for The City of Virginia Beach, VA.

MEMORANDUM ORDER

CLARKE, District Judge.

This matter comes before the Court upon a Motion to Dismiss made by one of the named defendants, the City of Virginia Beach ("Virginia Beach" or the "Defendant"), pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons set forth below, the Defendant's motion is GRANTED and Defendant Virginia Beach is dismissed.

I.

On August 9, 1994 the plaintiff, William...

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