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BROWNING v. EVANS

No. IP 88-638-C.

700 F.Supp. 978 (1988)

George BROWNING, et al. v. H. Dean EVANS, et al.

United States District Court, S.D. Indiana, Indianapolis Division.

December 14, 1988.

Attorney(s) appearing for the Case

A. Luis Ortiz, Ortiz & Associates, Indianapolis, Ind., for plaintiffs.

John G. Shubat, Jeffrey M. Mallamad, Robert Weddle, Bingham Summers Welsh & Spilman, Indianapolis, Ind., for defendant Decatur Tp. Bd.

David Michael Wallman, Asst. Atty. Gen., Indianapolis, Ind., for defendant Evans and State Bd. of Educ.

David R. Day, Bose McKinney & Evans, Indianapolis, Ind., for defendant School Officials.

ORDER

STECKLER, District Judge.

This matter is before the Court upon the motion of defendants to dismiss or, in the alternative, for summary judgment pursuant to Fed.R.Civ.P. 12(b)(1), 12(b)(6) and 56.

For the reasons stated below, defendants' motion to dismiss the complaint due to lack of subject matter jurisdiction pursuant to Rule 12(b)(1) is granted.1

Facts

Plaintiff Troy Browning ("Troy"...

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