RODENBECK v. STATE OF IND.

Civ. No. F88-307.

742 F.Supp. 1442 (1990)

Robert C. RODENBECK, et al., Plaintiffs, v. The STATE OF INDIANA, LEAKING UNDERGROUND STORAGE TANK DIVISION OF the DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, Defendant.

United States District Court, N.D. Indiana, Fort Wayne Division.

July 19, 1990.


Attorney(s) appearing for the Case

Max E. Hobbs, Fort Wayne, Ind., Jacqueline A. Simmons and L. Alan Whaley, Ice Miller Donadio & Ryan, Indianapolis, Ind., for plaintiffs.

Kimberlie Antrim Forgey, Deputy Atty. Gen., Indianapolis, Ind., for State of Ind.


ORDER

WILLIAM C. LEE, District Judge.

This matter is before the court on motion to dismiss filed by defendant State of Indiana, Leaking Underground Storage Tank Division of the Department of Environmental Management. The parties have fully briefed the issues. For the following reasons, the motion to dismiss will be granted.

In deciding a motion to dismiss for failure to state a claim, this court must take the well pleaded factual allegations of the...

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