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BELL v. BOARD OF EDUC. OF COUNTY OF FAYETTE

No. CIV.A. 5:03-0334.

290 F.Supp.2d 701 (2003)

Roy Edward BELL, Co-Administrator of the Estate of Jeremy Edward Bell, Plaintiff, v. BOARD OF EDUCATION OF THE COUNTY OF FAYETTE, John Cavalier, George Matthew Edwards, L.A. Coleman, Douglas Leon Kincaid, Sr., K.R. Carson, Edgar W. Friedrichs, Jr., John Doe, and Jane Doe, Defendants.

United States District Court, S.D. West Virginia, Beckley Division.

November 10, 2003.

Attorney(s) appearing for the Case

Wayne D. Inge, Esq., Roanoke, VA, Thomas B. Canterbury, II, Esq., Beckley, WV, Richard A. Peterson, Esq., Peterson & Gula, Greeenville, PA, Timothy P. O'Brien, Esq., Pittsburgh, PA, for Plaintiff.

Eric A. Collins, Esq., Mary Beth Chapman, Esq., Pullin Fowler & Flanagan, Beckley, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

HADEN, District Judge.

Pending is the motion of all Defendants except Edgar W. Friedrichs, Jr. (Friedrichs) to dismiss this action because its claims are time-barred and because it fails to state a claim pursuant to Rule 12(b)(6).

I. FACTUAL BACKGROUND

The Plaintiff, Roy Edward Bell (Bell), is the co-administrator of the estate of his minor son Jeremy Edward Bell (Jeremy), whom he alleges was killed...

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