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NIHISER v. SENDAK

Civ. No. 73 F 93.

405 F.Supp. 482 (1974)

Clyde NIHISER, d/b/a Movieland Drive-In Theater, Plaintiff, v. The Honorable Theodore L. SENDAK, in his capacity as Attorney General of the State of Indiana, et al., Defendants.

United States District Court, N. D. Indiana, Fort Wayne Division.

June 4, 1974.

Attorney(s) appearing for the Case

John F. White, Indianapolis, Ind., Richard J. Sullivan, Decatur, Ind., for plaintiff.

Darrel K. Diamond, Deputy Atty. Gen., Indianapolis, Ind., for defendants.

Before SWYGERT, Circuit Judge, BEAMER, Chief District Judge, and ESCHBACH, District Judge.

MEMORANDUM OF DECISION AND ORDER

This civil rights action is before the court on defendants' consolidated motion to dismiss pursuant to Rule 12(b) (6), Fed.R.Civ.P., and motion to strike pursuant to Rule 12(f), Fed.R.Civ.P. Defendants' motions will be denied.

Plaintiff filed his complaint on October 19, 1973, seeking a temporary restraining order and temporary and permanent injunctions to restrain defendants from proceeding under Public Law 336 of the 1973...

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