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CHASE v. CITY OF PORTSMOUTH

No. 2:05 CV 446.

428 F.Supp.2d 487 (2006)

Dr. Joseph A. CHASE, Jr., et al, Plaintiffs, v. CITY OF PORTSMOUTH et al., Defendants.

United States District Court, E.D. Virginia, Norfolk Division.

April 20, 2006.

Attorney(s) appearing for the Case

John Frederick Sawyer, Richard Ennis Biemiller, Samuel Warrenton Meekins, Jr., Wolcott Rivers PC, Virginia Beach, VA, for Plaintiffs.

Dean Taylor Buckius, Lisa Lieberman Thatch, John Morgan Ryan, Vandeventer Black LLP, Steven Lieberman, Attorney at Law, Norfolk, VA, for Defendants.

OPINION AND ORDER

DOUMAR, District Judge.

Presently before the Court is defendants Dr. James W. Holley, III, William E. Moody, Jr., Charles B. Whitehurst, Sr., and Ray A. Smith, Sr.'s Motion to Dismiss Plaintiffs' Third Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for the reason that plaintiffs have failed to state a claim upon which relief may be granted. For the reasons below, defendants' motion is DENIED...

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