STEWART v. WAPPINGERS CENTRAL SCHOOL DIST.

No. 76 Civ. 3617.

437 F.Supp. 250 (1977)

Charles STEWART and Carolyn C. Stewart, Plaintiffs, v. WAPPINGERS CENTRAL SCHOOL DISTRICT, Paul Adams, Supervisor of Transportation, Bruce Reynolds, Supervisor of Finance, all of the Wappingers Central School District, Individually and in their official capacities, Defendants.

United States District Court, S. D. New York.

May 30, 1977.


Attorney(s) appearing for the Case

Crain, Cohen & Rones, Newburgh, N. Y., for plaintiffs.

Barry, McTiernan, Moore & Siracuse, Newburgh, N. Y., for defendants.


OPINION AND ORDER

KEVIN THOMAS DUFFY, District Judge.

Defendants have moved, pursuant to Rule 12, F.R.Civ.P., to dismiss the amended complaint for lack of subject matter jurisdiction, failure to state a claim, and untimeliness. Although plaintiffs originally had cross-moved for summary judgment, they now have requested leave to withdraw this motion. Since the motion to dismiss will not dispose of the case, leave...

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