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WAGHER v. GUY'S FOODS, INC.

No. 91-1015-C.

768 F.Supp. 321 (1991)

Deborah A. WAGHER, Plaintiff, v. GUY'S FOODS, INC., Defendant.

United States District Court, D. Kansas.

July 31, 1991.

Attorney(s) appearing for the Case

Mark Fern, Kahrs, Nelson, Fanning, Hite & Kellogg, Wichita, Kan., for plaintiff.

Thomas J. Lasater, Susan P. Selvidge, Fleeson, Gooing, Coulson & Kitch, Wichita, Kan., Eileen A. Groves, Columbus, Ohio, for defendant.

MEMORANDUM AND ORDER

CROW, District Judge.

In its order dated May 9, 1991, 765 F.Supp. 667, this court converted the defendant's motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure into a motion for summary judgment pursuant to Rule 56 because both parties submitted evidentiary materials outside of the pleadings. Since plaintiff filed several affidavits and exhibits, the court allowed...

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