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FRYE v. TOWN OF AKRON

Civ. No. F 90-157.

759 F.Supp. 1320 (1991)

Linda L. FRYE, Individually and as Personal Representative of the Estate of Karrie A. Darnell, deceased, and Thomas C. Darnell, Plaintiffs, v. The TOWN OF AKRON, and James A. Moore, Defendants.

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

March 8, 1991.

Attorney(s) appearing for the Case

Wilford A. Hahn, Esteban R. Callejas; Matheny, Michael, Hahn & Bailey, Huntington, Ind., for plaintiffs.

Steven P. Polick; Judge & Knight, Ltd., Munster, Ind., for defendants.

ORDER

WILLIAM C. LEE, District Judge.

This matter is before the court on motion to dismiss filed by the defendants on December 24, 1990. Plaintiffs responded to the motion on January 11, 1991 and defendants replied to plaintiffs' response on February 4, 1991.

In deciding a motion to dismiss for failure to state a claim, this court must take the well pleaded factual allegations of the plaintiff's complaint as true. Ashbrook v. Hoffman,

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