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BENNETT v. DUNN

No. Civ. LV 80-136 RDF.

504 F.Supp. 981 (1980)

John W. BENNETT and Patricia A. Bennett, Plaintiffs, v. Richard DUNN, U. S. Marshal, Roy Dawson and June G. Dawson, Defendants.

United States District Court, D. Nevada.

December 16, 1980.

Attorney(s) appearing for the Case

Thomas E. Lea, Las Vegas, Nev., for plaintiffs.

B. Mahlon Brown, U. S. Atty., by Brian L. Sullivan, Asst. U. S. Atty., Las Vegas, Nev., for Marshal Dunn.

Eric L. Zubel, of Clark & Zubel, Las Vegas, Nev., for Dawson.

ORDER GRANTING PRELIMINARY INJUNCTION AND DENYING MOTION TO DISMISS

ROGER D. FOLEY, District Judge.

Pursuant to Rule 65, Federal Rules of Civil Procedure, plaintiffs have moved for a preliminary injunction enjoining the execution sale until a trial can be had on the merits. Pursuant to Rule 12(b)(6), FRCP, defendants have moved for an order dismissing the complaint for failure to state a claim upon which relief can be granted.

STATEMENT OF FACTS...

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