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KIRTZ v. WIGGIN

No. 76-481C(B).

483 F.Supp. 148 (1980)

Frank Groom KIRTZ and Mary Jane Kirtz, Plaintiffs, v. Blanton WIGGIN, Erma Wiggin et al., Defendants.

United States District Court, E. D. Missouri, E. D.

January 15, 1980.

Attorney(s) appearing for the Case

Joseph L. Badaracco, St. Louis, Mo., for plaintiffs.

Edward Weakley, Mark Mittleman, St. Louis, Mo., for defendants.

MEMORANDUM

REGAN, District Judge.

In this action pending since May 26, 1976, defendants have moved to dismiss plaintiffs' fourth amended complaint for failure to state a claim and for summary judgment.

In an earlier stage of this case we dismissed plaintiffs' second amended complaint on various procedural grounds. In an unpublished opinion in Kirtz v. Wiggin, 566 F.2d 1179 (8 Cir. 1977), the Court of Appeals reversed in part and affirmed in...

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