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ELDERS v. CONSOLIDATED FREIGHTWAYS CORP. OF DELAWARE

No. 3-68-Civ-132.

289 F.Supp. 630 (1968)

Robert M. ELDERS, Plaintiff, v. CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, a corporation, George E. Diemert, James R. Christianson, Rex Wellman, Marvin Melhauf, Terrance Murphy, and Basil Boldt, individuals, Defendants.

United States District Court D. Minnesota, Third Division.

September 7, 1968.

Attorney(s) appearing for the Case

George G. McPartlin, St. Paul, Minn., for plaintiff.

Clay R. Moore, Mackall, Crounse, Moore, Helmey & Holmes, Minneapolis, Minn., for defendants.

MEMORANDUM AND ORDER GRANTING MOTION TO DISMISS

DEVITT, Chief Judge.

In this action for damages under the Civil Rights Act, 42 U.S.C.A. §§ 1983 and 1985, the defendants move to dismiss on the grounds that the court lacks jurisdiction over the subject matter and that the complaint and the amended complaint fail to state a claim upon which relief can be granted.

Inasmuch as this is a motion to dismiss, the court must look to the plaintiff...

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