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SCHLITZ v. COM. OF VIRGINIA

Civ. A. No. 87-0753-R.

681 F.Supp. 330 (1988)

Lester E. SCHLITZ, Plaintiff, v. COMMONWEALTH OF VIRGINIA, Defendant.

United States District Court, E.D. Virginia, Richmond Division.

March 14, 1988.

Attorney(s) appearing for the Case

Henry Marsh, Margaret Spencer, Hill, Tucker and Marsh, Richmond, Va., Gary Howard Simpson, Simpson and Ehrlich, P.A., Bethesda, Md., for plaintiff.

Mary Sue Terry, Atty. Gen., Cleo E. Powell, Sr. Asst. Atty. Gen., Gregory E. Lucyk, Asst. Atty. Gen., Office of the Atty. Gen., Richmond, Va., for defendant.

MEMORANDUM

MERHIGE, District Judge.

This matter comes before the Court on the defendant's Motion to Dismiss the Amended Complaint or for Summary Judgment filed pursuant to Fed.R.Civ.P. 12(b)(1) and 56(b). Matters outside the pleadings having been presented to the Court, the motion will be treated as one for summary judgment. The parties having fully briefed the issues and presented oral argument, the matter is ripe for disposition.

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