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CAPITAL PARKS v. SOUTHEASTERN ADV. & SALES SYSTEM

Civ. A. No. W-93-CA-297.

864 F.Supp. 14 (1993)

CAPITAL PARKS, INC., Plaintiff, v. SOUTHEASTERN ADVERTISING & SALES SYSTEM, INC., Waco Memorial Park, and Byron D. Reeves, Defendants.

United States District Court, W.D. Texas, Waco Division.

October 14, 1993.

Attorney(s) appearing for the Case

Michael Cosby & John Burleson, Pakis, Giotes, Beard & Page, Waco, TX, for plaintiff.

Roy L. Barrett, Stuart Smith, Naman, Howell, Smith & Lee, P.C., Waco, TX, for defendants.

ORDER

WALTER S. SMITH, Jr., District Judge.

Came on this date to be considered the Defendants' Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted. Having reviewed the briefs of the parties, the Court is persuaded the motion should be granted.

A motion to dismiss under Rule 12(b)(6) "is viewed with disfavor and is rarely granted." Kaiser Aluminum and Chemical Sales, Inc. v. Avondale Shipyards, Inc.,

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