MICHAELIS v. NEBRASKA STATE BAR ASS'N

No. 82-0-365.

566 F.Supp. 89 (1983)

Ken L. MICHAELIS (formally known as Kenneth L. Michaelis); and Iona Rae Michaelis; and Rory Lee Michaelis, A Minor by Ken L. Michaelis, his father and next friend; and Kyle Lee Michaelis, A Minor by Ken L. Michaelis, his father and next friend; and Kari Lynn Michaelis, A Minor by Ken L. Michaelis, her father and next friend, Plaintiffs, v. The NEBRASKA STATE BAR ASSOCIATION, a Nebraska association; and Pliny M. Moodie; Robert D. Moodie; Homer Ed Hurt, Jr.; John M. Thor, Jr.; Kenneth Olds; James Egley; Stanley P. Gushard; William E. Webster; and Richard P. Garden; all being members of the Nebraska State Bar Association; Lucille Toelle; Norris Maack; Richard Lindberg and Gwen Lindberg, d/b/a West Point News; Theodore M. Huettmann and Gladys M. Huettmann, d/b/a Wisner News-Chronicle; the Norfolk Daily News; Fremont Tribune; the Lincoln Journal newspaper; Omaha World-Herald Company, owner-publisher of Omaha World-Herald newspapers; The Associated Press wireservices; and Paul Douglas, Defendants.

United States District Court, D. Nebraska.

May 6, 1983.


Attorney(s) appearing for the Case

Ken L. Michaelis, pro se.

Charles F. Gotch of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, Neb., for the Nebraska State Bar Ass'n, Homer Ed Hurt, Jr. (Attorney in Scribner and Hooper, Neb.), James Egley (Attorney and member of 9th Judicial District Committee on Inquiry), Kenneth Olds (Chairman of 9th District Committee on Inquiry), Pliney M. Moodie (West Point City Attorney), Robert D. Moodie (West Point City Attorney), John M. Thor, Jr. (Former Cuming County Attorney), Stanley P. Gushard (Counsel for Committee on Inquiry) and William E. Webster (Attorney and member of 9th District Committee on Inquiry).

C.J. Gatz of Jewell, Otte, Gatz & Collins, Norfolk, Neb., for Richard P. Garden (Norfolk attorney who acted as Special Acting County Attorney in 1978 when Michaelis was being investigated for violation of state election laws during his campaign for county attorney.).

John D. Feller, Cuming County Atty., Beemer, Neb., for Lucille Toell (Cuming County Clerk) and Norris Maack (Chairman of Cuming County Board of Supervisors).

Michael McGill and Richard L. Lepp of McGill, Koley, Parsonage & Lanphier, Omaha, Neb., for Richard and Gwen Lindberg (Publishers of West Point News), The West Point News, Theodore M. and Gladys M. Huettmann (Publishers of the Wisner News-Chronicle), The Wisner News-Chronicle, The Norfolk Daily News, The Fremont Tribune, The Omaha World Herald Co. and The Associated Press Wire Service.

David Buntain of Cline, Williams, Wright, Johnson & Oldfather, Lincoln, Neb., for the Lincoln Journal.

Mel Kammerlohr, Asst. Atty. Gen., State of Neb., for Paul Douglas (Attorney General for the State of Nebraska).


ORDER

HANSON,* Senior District Judge.

This matter comes before the court upon defendants' motions to dismiss the amended complaint for plaintiffs' failure to comply both with Rule 8, Fed.R.Civ.P., and with a prior order of this court. The motions are granted for the reasons urged by defendants and for the additional reasons that this court lacks subject matter jurisdiction and that plaintiffs have failed to state a claim upon...

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