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SCHMIDT v. BISHOP

No. 91 Civ. 4125 (CLB).

779 F.Supp. 321 (1991)

Christine SCHMIDT, Plaintiff, v. Joseph P. BISHOP, Rye Presbyterian Church, Presbytery of Hudson River, Presbyterian Church (USA), Defendants.

United States District Court, S.D. New York.

December 6, 1991.

Attorney(s) appearing for the Case

Jeffrey R. Anderson, Reinhart & Anderson, St. Paul, Minn., for Christine Schmidt.

Barry Strutt, Keegan, Keegan & Associates, White Plains, N.Y., for Joseph P. Bishop.

Henry Weisburg, Shearman & Sterling, New York City, for Rye Presbyterian Church.

Lawrence T. D'Aloise, Jr., Clark, Gagliardi & Miller, White Plains, N.Y., for Presbytery of Hudson River.

Mark Seisel, David E. Worby, P.C., White Plains, N.Y., for Presbyterian Church (USA).

MEMORANDUM AND ORDER

BRIEANT, Chief Judge.

In this diversity case controlled by New York law, defendants moved to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6), on various grounds. Because affidavits and other information were received and considered, the Court on October 9, 1991 converted the motion into a motion for summary judgment pursuant to Fed. R.Civ.P. 56, and opened the record to further submissions from the parties.

The complaint...

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