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INDIANA STATE TEACHERS v. BD. OF SCHOOL COMR'S

No. IP 95-895 C B/S.

918 F.Supp. 266 (1996)

INDIANA STATE TEACHERS ASSOCIATION, Plaintiff, v. BOARD OF SCHOOL COMMISSIONERS OF the CITY OF INDIANAPOLIS, Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

March 8, 1996.

Attorney(s) appearing for the Case

Richard J. Darko, Lowe Gray Steele & Hoffman, Indianapolis, Indiana, for Plaintiff.

Michael R. Maine, Baker & Daniels, Indianapolis, Indiana, for Defendant.

BARKER, Chief Judge.

This matter is before the Court on Defendant Board of School Commissioners' ("IPS") Rule 12(b)(6) Motion to Dismiss for failure to state a claim upon which relief can be granted. For the reasons discussed below, IPS' motion is granted.

I. Standard for Motion to Dismiss

A motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) tests the sufficiency of the complaint and not the merits of the suit. Triad Assocs...

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