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SHARP v. RAINEY

No. 1:95-CV-26.

910 F.Supp. 394 (1996)

Randy SHARP, et al., Plaintiffs, v. Samuel RAINEY, et al., Defendants.

United States District Court, E.D. Tennessee.

January 8, 1996.

Attorney(s) appearing for the Case

Charles P. Dupree, Chattanooga, TN, for plaintiffs.

David F. Harrod, Carter, Harrod & Cunningham, Athens, TN, Howard L. Upchurch, Upchurch & Upchurch, Pikeville, TN, and Ronald D. Wells, Robinson, Smith & Wells, Chattanooga, TN, for defendants.

MEMORANDUM

COLLIER, District Judge.

Before the Court is the Motion to Dismiss filed on 15 May 1995 by Defendant Samuel Rainey, III (Court File No. 10). To date, Plaintiffs have not opposed the motion. For the following reasons, the Court will GRANT the motion to dismiss.

I. A Motion to Dismiss under Fed. R.Civ.P. 12(b)(6)

A motion to dismiss under Fed. R.Civ.P. 12(b)(6) requires the Court to construe the...

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