HENRY v. COFFMAN

Civ. A. No. 83-M.

85 F.Supp. 456 (1949)

HENRY v. COFFMAN et al.

United States District Court, N. D. West Virginia.

August 24, 1949.


Attorney(s) appearing for the Case

G. K. Kump, J. S. Zimmerman, Romney, W. Va., Clarence E. Martin, Jr., Martinsburg, W. Va., for plaintiff.

Ralph W. Haines, Romney, W. Va., Harry H. Byrer, Martinsburg, W. Va., for defendants.


BAKER, Chief Judge.

This case is before me upon a motion to dismiss the complaint and the amended complaint. The motion to dismiss is based upon three grounds; the first of said grounds being "because the said amended complaint fails to state a claim against the defendants upon which relief can be granted."

Taking the allegations of the complaint in the light most favorable to the plaintiff, we find that it sets forth the following facts:

That the...

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