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FUTRELL v. COLUMBIA CLUB, INC.

Nos. IP 69-C-176, IP 69-C-498.

338 F.Supp. 566 (1971)

James FUTRELL et al., Plaintiffs, v. The COLUMBIA CLUB, INC., Defendant. Elmer ELLIOTT, Plaintiff, v. The COLUMBIA CLUB, INC., Defendant.

United States District Court, S. D. Indiana, Indianapolis Division.

August 2, 1971.

Attorney(s) appearing for the Case

Eskenazi, Mitchell & Yosha, Indianapolis, Ind., for James Futrell and others.

Stewart, Irwin, Gilliom, Fuller & Meyer, Indianapolis, Ind., for Columbia Club.

Virginia D. McCarty, Indianapolis, Ind., for Elmer Elliott.

MEMORANDUM OF DECISION

DILLIN, District Judge.

These consolidated cases come before the Court on what may be treated as cross motions for summary judgment. The defendant moved to dismiss, supporting that motion with affidavits, Federal Rule of Civil Procedure 12(b), while plaintiffs moved for summary judgment. The Court has determined, with the concurrence of the parties, that the case can be advanced by a resolution of all legal questions, leaving for later...

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