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LEMOINE v. NEW HORIZONS RANCH AND CENTER, INC.

No. CIV.A. 6:97-CV-081-C.

990 F.Supp. 498 (1998)

Susie LEMOINE, Individually and as Personal Representative of the Estate of Andrew Lemoine, Deceased, Plaintiffs, v. NEW HORIZONS RANCH AND CENTER, INC., Henry Lewis, Michael Snider, Michael Nix, Travis Pearson, Waylon Grelle, Marquis Robertson, Richard Markowski, Jodie Miler, Samuel Bradley Miller, M.D., Paul Scott, Kelly Hutchinson, Wayne Hairgrove, Jane/John Doe No. 1, Jane/John Doe No. 2, and Jane/John Doe No. 3, Defendants.

United States District Court, N.D. Texas, San Angelo Division.

January 6, 1998.

Attorney(s) appearing for the Case

Michael Buckley Paddock, Law Office of Michael B. Paddock, James Warren Lane, Law Office of Jim Lane, Fort Worth, TX, Portia Jeanne Bott, Law Office of Portia J. Bott, Dallas, TX, for Plaintiffs.

Ronald William Johnson, Jr., Touchstone Bernays Johnston Beall & Smith, Dallas, TX, George S. Finley, Smith, Carter, Rose, Finley & Hoffman, San Angelo, TX, Laurie Rayson Eiserloh, Attorney General of Texas, Austin, TX, for Defendants.

MEMORANDUM OPINION AND ORDER

CUMMINGS, District Judge.

On this day the Court considered Defendant Dr. Samuel Bradley Miller's Motion to Dismiss under Rule 12(b)(1) of the Federal Rules of Civil Procedure, filed September 12, 1997. Plaintiff did not file a response. Defendant Miller ("Miller") argues that the Court should dismiss Plaintiff Susie Lemoine's ("Lemoine") claims for lack of subject matter jurisdiction because she failed to properly state...

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