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RALLS v. WOLFE

Civ. No. 1777 L.

321 F.Supp. 867 (1971)

Thomas RALLS, Jr., Plaintiff, and Charles McClelland, serving as fiduciary and conservator and next of friend applicant, under 28 U.S.C. § 2242, v. Charles WOLFE, Jr., Associate Warden of Custody, Nebraska Penal Complex, Defendant.

United States District Court, D. Nebraska.

January 13, 1971.

Attorney(s) appearing for the Case

Frederick J. Coffman, Lincoln, Neb., for plaintiff.

Harold Mosher, Asst. Atty. Gen., for defendant.

MEMORANDUM RE MOTION TO STRIKE AND MOTION FOR A MORE DEFINITE STATEMENT

URBOM, District Judge.

The defendant has filed a pleading captioned "motion to strike and motion for a more definite statement." If the motion to strike were sustained, the effect would be to emasculate the plaintiff's complaint. The primary thrust of the motion is that the allegations of the complaint do not state a claim upon which relief may be granted. It therefore appears proper...

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