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JONES v. WILDGEN

No. CIV.A.03-2369-KHV.

320 F.Supp.2d 1116 (2004)

Mary Anton JONES, Aaron Kirby, John Bush, Jerry Carbrey, Al Haverty, Joseph Keating, Mark Lehmann, Robert Moody, Aron Olivera, Philip Hemphill and Sandy Warner, Plaintiffs, v. Michael WILDGEN, David Corliss, Barry Walthall, Victor Torres, David Dunfield, Sue Hack, Marty Kennedy, Mike Rundle, Jim Henry, Erv Hodges, all in their individual and official capacities, City of Lawrence, Kansas, Lee Smith, Shawn Murphy, Brian Jiminez, and John Doe, all in their individual and official capacities, Defendants.

United States District Court, D. Kansas.

June 2, 2004.

Attorney(s) appearing for the Case

Christopher R. P. Miller, Little & Miller Chtd., Lawrence, KS, for Plaintiffs.

Gerald L. Cooley, Randall F. Larkin, Gilliland & Hayes, P.A. — US Bank Tower, Lawrence, KS, for Defendants.

MEMORANDUM AND ORDER

VRATIL, District Judge.

This matter comes before the Court on defendants' Motion To Dismiss (Doc. # 19), filed September 16, 2003, for failure to state a claim under Fed.R.Civ.P. 12(b)(6). For reasons stated below, defendants' motion is sustained.

Standards For Motions To Dismiss Under Rule 12(b)(6)

In ruling on a motion to dismiss for failure to state a claim under Rule 12(b)(6), the Court must...

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