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CRABTREE BY AND THROUGH CRABTREE v. MUCHMORE

Nos. 89-6073, 89-6074 and 89-6170.

904 F.2d 1475 (1990)

Catherine Dianne CRABTREE, a minor, By and Through her next friend, F. Dale CRABTREE; David Lynn Crabtree, a minor, by and through his next friend, F. Dale Crabtree; Avondale, Inc., an Oklahoma corporation, Plaintiffs-Appellants, v. Clyde D. MUCHMORE; Brooke S. Murphy; Harvey D. Ellis, Jr., Defendants-Appellees, and David M. Cook, Judge of the District Court of Oklahoma County, Oklahoma, Defendant. Catherine Dianne CRABTREE, a minor, By and Through her next friend, F. Dale CRABTREE; David Lynn Crabtree, a minor, by and through his next friend, F. Dale Crabtree; Avondale, Inc., an Oklahoma corporation, Plaintiffs-Appellants, v. Clyde D. MUCHMORE; Brooke S. Murphy; Harvey D. Ellis, Jr., Defendants, and David M. Cook, Judge of the District Court of Oklahoma County, Oklahoma, Defendant/Appellee. Catherine Dianne CRABTREE, a minor, By and Through her next friend, F. Dale CRABTREE; David Lynn Crabtree, a minor, by and through his next friend, F. Dale Crabtree; Avondale, Inc., an Oklahoma corporation, Plaintiffs-Appellees, v. Clyde D. MUCHMORE; Brooke S. Murphy; Harvey D. Ellis, Jr., Defendants/Appellants.

United States Court of Appeals, Tenth Circuit.

June 4, 1990.

Attorney(s) appearing for the Case

Charles E. Geister III and Patrick M. Ryan of Ryan, Corbyn & Geister, Oklahoma City, Okl., for Clyde D. Muchmore, Brooke S. Murphy and Harvey D. Ellis, Jr.

Robert H. Henry, Atty. Gen. of Oklahoma, and Robert A. Nance, Asst. Atty. Gen., Deputy Chief, Federal Div., Oklahoma City, Okl., for David M. Cook.

William B. Rogers of William B. Rogers & Associates, Oklahoma City, Okl., for Catherine Dianne Crabtree, a minor, by and through her next friend, F. Dale Crabtree, David Lynn Crabtree, and Avondale, Inc.

Before LOGAN, BARRETT and SEYMOUR, Circuit Judges.

LOGAN, Circuit Judge.

These companion appeals arise out of a 42 U.S.C. § 1983 suit filed by Catherine Dianne Crabtree, David Lynn Crabtree and Avondale, Inc., against Oklahoma State District Judge David M. Cook and attorneys Clyde A. Muchmore, Brooke S. Murphy, and Harvey D. Ellis, Jr. (attorney defendants). The district court dismissed the actions against the attorney defendants under Fed.R.Civ.P. 12(b)(6), for failure to state a claim on which relief could...

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