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LAMBERTSEN v. UTAH DEPT. OF CORRECTIONS

No. 94-C-400-S.

922 F.Supp. 533 (1995)

Waydann LAMBERTSEN, Plaintiff, v. UTAH DEPARTMENT OF CORRECTIONS Greg Jacquart, Preston Kay, Randy Southwick, Bill East, Rubin Nunlley, Calvin Fox, and Lyle Wilde, Defendant.

United States District Court, D. Utah, Central Division.

April 26, 1995.

Attorney(s) appearing for the Case

Robert W. Horn, Jackson, Wyoming, for Plaintiff.

Martha S. Stonebrook, Utah Attorney General's Office, Salt Lake City, Utah, for Defendant.

MEMORANDUM DECISION

SAM, District Judge.

I. INTRODUCTION

The court has before it defendants' Motion to Dismiss, pursuant to Fed.R.Civ.P. 12(b)(1), (2) and (6). Because matters outside the pleadings are presented and not excluded, the court treats defendants' motion, in part, as one for summary judgment under Fed. R.Civ.P. 56. It appears to the court that defendants' affidavits are directed to...

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