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BOONE v. CITY OF BURLESON

Civil Action No. 396-CV-1479-G.

961 F.Supp. 156 (1997)

Clay Daniel BOONE and Carlton David Boone, Plaintiffs, v. CITY OF BURLESON, Defendant.

United States District Court, N.D. Texas, Dallas Division.

April 11, 1997.

Attorney(s) appearing for the Case

James Ray Claunch, Fort Worth, TX, James E. Ferguson, Ferguson & Claunch, Cleburne, TX, for plaintiffs.

Joe Carroll Tooley, Kent Donovan Williamson, Thomas Richard Stauch, McCauley Macdonald & Devin, Dallas, TX, for defendant.

MEMORANDUM ORDER

FISH, District Judge.

Before the court are the motions of defendant City of Burleson (the "City") (1) for dismissal, under F.R. Civ. P. 12(b)(6), of the claims of plaintiffs Clay Daniel Boone and Canton David Boone against it and (2) for summary judgment. For the following reasons, the City's motion for summary judgment is granted, and its motion to dismiss is denied as moot.

I. BACKGROUND

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