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DAVIS v. DAHMM

Civ. No. 91-5027.

763 F.Supp. 1010 (1991)

Dyanna DAVIS, Plaintiff, v. Charlie DAHMM, et al., Defendants.

United States District Court, W.D. Arkansas, Fayetteville Division.

April 25, 1991.

Attorney(s) appearing for the Case

Boyce Davis, Lincoln, Ark., for plaintiff.

Mikel R. Blocker, Springdale, Ark., for Dahmm and City.

Michael W. Hawkins, Fayetteville, Ark., for John Hayes, Jr.

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

This case is before the court pursuant to the joint motion to dismiss filed by defendants Dahmm and City of Elkins, Arkansas. Defendant, Dahmm, is a city policeman for the City of Elkins. It is difficult to ascertain whether defendants' motion tests the subject-matter jurisdiction of this court under Rule 12(b)(1), Fed.R.Civ.P., or whether it is defendants' contention that plaintiff has failed to state...

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