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WYRICK v. TWA CREDIT UNION

No. 92-0663-CV-W-6.

804 F.Supp. 1176 (1992)

Ellen WYRICK, Plaintiff, v. TWA CREDIT UNION and Donald CHAPIN, Defendants.

United States District Court, W.D. Missouri, W.D.

October 16, 1992.

Attorney(s) appearing for the Case

Stephen G. Mirakian, Wyrsch, Atwell, Mirakian, Lee & Hobbs, P.C., Kansas City, Mo., for Ellen Wyrick.

John M. Lilla, Jackson & Bailey, P.C., Kansas City, Mo., for TWA Credit Union.

Lynne J. Bratcher, Miller, Dougherty & Modin, Kansas City, Mo., for Donald Chapin.

MEMORANDUM AND ORDER

SACHS, Chief Judge.

Before the court is defendant TWA Credit Union's1 motion to dismiss. A motion to dismiss brought under Fed.R.Civ.P. 12(b)(6) shall be treated as a motion for summary judgment pursuant to Fed.R.Civ.P. 56, when the motion incorporates matters outside the pleading. Since defendant TWA Credit Union has attached three exhibits to its motion, the motion will be considered under Rule 56.

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