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DeFRANCIS v. BUSH

No. 1-93-CV-0161.

839 F.Supp. 13 (1993)

Amanda DeFRANCIS v. Kevin BUSH and the City of Port Arthur, Texas.

United States District Court, E.D. Texas, Beaumont Division.

November 30, 1993.

Attorney(s) appearing for the Case

Paul N. Buchanan, Angela G. Lampson, Humble TX, for plaintiff.

Frank D. Calvert, Benckenstein & Oxford, Beaumont TX, for defendant.

ORDER

COBB, District Judge.

The City of Port Arthur contends in its Answer that DeFrancis has failed to state a claim against the city under 42 U.S.C.A. § 1983 upon which relief can be granted. See Fed.R.Civ.P. 12(b)(6).

In passing on a motion to dismiss for failure to state a claim, this court accepts all well pleaded allegations as true and views them in the light most favorable to the plaintiff. Scheuer v. Rhodes,

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