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WALKER v. TYLER COUNTY COM'N

Civ.A. No. 1:94-CV-143.

886 F.Supp. 540 (1995)

Jack Earl WALKER and Eleanor Walker, Plaintiffs, v. The TYLER COUNTY COMMISSION, Gary Keller, personally and in his capacity as Sheriff of Tyler County, Earl Robert Kendall, personally and in his capacity as a Deputy Sheriff of Tyler County, Walter Smittle, personally, Robert Hall, personally, Mack Dennis, personally, Irvin Sopher, M.D., D.D.S., personally, George Trent, personally, Ron Gregory, personally, Carl Legurskey, personally, Nicholas Hun, personally, and Dave Vancamp, personally, Defendants.

United States District Court, N.D. West Virginia.

May 22, 1995.

Attorney(s) appearing for the Case

Stephen D. Herndon, Wheeling, WV, for plaintiffs.

Michael Kozakewich, Jr., Steptoe & Johnson, Clarksburg, WV, for defendants Tyler County Com'n, Gary Keller, and Earl Robert Kendall.

David L. Wyant, Shuman, Annand & Poe, Wheeling, WV, for defendants Walter Smittle, Robert Hall and Mack Dennis.

M. Richard Dunlap, Dickie, McCamey & Chilcote, Pittsburgh, PA, for defendant Irvin Sopher, M.D., D.D.S.

Harry M. Rubenstein, Kay, Casto, Chaney, Love & Wise, Morgantown, WV, for defendants George Trent, Ron Gregory, Carl Legurskey, Nicholas Hun and Dave VanCamp.

MEMORANDUM OPINION AND ORDER

KEELEY, District Judge.

This matter is before the Court on defendant Dr. Irvin Sopher's ("Sopher") motion to dismiss the claims pending against him filed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. The parties have fully briefed this motion in accordance with Local Rule 2.07(f) and, accordingly, the Court finds it ripe for consideration.1 For the reasons stated below...

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